Attorneys Who Negligently Managed Elderly Woman's Account Are Suspended for One Year

The Ohio Supreme Court suspends two attorneys for one year after they negligently managed an elderly woman's affairs and did not notice that their attorney father was taking advantage of the woman. Cleveland Metro. Bar Assn. v. Zoller and Mamone (Ohio, No. 2014-1389, Nov. 8, 2016).

Attorneys Nancy Zoller and Edward Mamone were associates in the law firm of Gurney, Miller & Mamone (GM&M) in which their father, Joseph Mamone, was a partner. Eleanor Locher paid GM&M a monthly fee to manage her money, pay her bills, and handle other aspects of her personal life that would allow her to live independently. Ms. Zoller opened up an account to manage Ms. Locher's money, an account that was not interest-bearing or a fiduciary or client trust account. Ms. Zoller, Joseph, and Edward all wrote checks on the account, but did not maintain complete records, causing overdraft fees with the bank. In addition to the monthly fee, Ms. Locher also paid Joseph additional attorney's fees, including fees for work that was non-legal.

Joseph resigned from the practice of law with disciplinary action pending. The Cleveland bar association found that Ms. Zoller and Edward violated professional rules of conduct regarding keeping client funds in an interest-bearing account, keeping records of an account with client funds, and charging excessive fees. The bar association recommended that Ms. Zoller be suspended for one year and Edward for six months, but that their suspensions be stayed as long as there was no further misconduct.

The Ohio Supreme Court rejects the bar's recommendation and suspends Ms. Zoller and Edward for one year and requires them to make restitution to Ms. Locher's estate. According to the court, if Ms. Zoller and Edward "had properly monitored the special account, they would have discovered obvious improprieties that would have alerted them to the fact that their father was taking advantage of Mrs. Locher—an elderly client who depended on their services to remain in her own home and out of a nursing home."

For the full text of this decision, go to: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-7639.pdf

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