Lawyer disbarred for stealing from clients
A Delaware lawyer was disbarred Thursday by the Ohio Supreme Court for misappropriating client funds in five cases and repeatedly lying about his misconduct.
The justices unanimously yanked the law license of Brian W. Harter following a Board of Professional Conduct finding that he had committed 26 ethical violations and should be disbarred.
“He lied repeatedly throughout his depositions and the hearing, and he admitted that he kept his clients’ money ‘because (he) needed it,’ used it to cover his personal expenses and failed to make full restitution to all of the affected clients,” said the court’s unsigned opinion.
While handling workers’ compensation cases, Harter would personally pick up checks payable to his clients, cash them at a convenience store and spend some of the money on personal expenses and child support, according to the board’s findings.
He would delay turning the money over to clients and in one case said $3,500 in cash he planned to give to a client was stolen from his car, with Harter blaming his ex-wife.
Harter was supposed to pay medical bills with settlement money for one client but did not, with the court saying the client went without medical treatment for months while waiting for Harter to pay his bills. The court opinion said the “record is replete with evidence of his dishonest and selfish motive.”
Harter also was accused of mishandling client funds in cases involving a divorce and an appeal in a criminal case.
The court also observed that Harter’s law license was suspended for five days in 2013 for failing to pay child support and noted he was indicted in 2014 in Franklin County for drug trafficking and possession of drugs.
Harter received intervention in lieu of conviction in the criminal case, conditioned on attending weekly sessions with therapists and receiving treatment for opioid addiction. But he never arranged to receive therapy or treatment. Harter said he resolved his drug addiction without treatment.
Harter did not object to the disciplinary board’s recommendation he be disbarred from the practice of law.