On Tuesday, November 5, 2024, the Cincinnati Bar Association filed a formal complaint against attorney Mark C. Eppley, alleging multiple violations of the Ohio Rules of Professional Conduct. The complaint, submitted to the Board of Professional Conduct of the Supreme Court of Ohio, outlines serious allegations regarding Eppley’s handling of client cases.
The case is entitled “In the Matter of Mark C. Eppley, Esq.,” with case no. 2024-028.
The charges cited Ohio Rules of Professional Conduct 1.3 , 1.4(a)(3), 1.4(a)(4), 1.4(a)(5), 1.5(a), 1.15(a), 1.15(a)(2)(3)(5), 1.15(d)(c), 5.5(a), and 1.16(e).
Eppley, who operates the Eppley Legal Group in Cincinnati, has been accused of failing to provide adequate legal representation and communication to clients, as well as mishandling funds. The complaint details two primary cases involving alleged misconduct: the representation of Ricky Thompson and the case of Diane Arkenau.
In the first instance, the complaint claims that Eppley was retained by Thompson, who was seeking post-conviction relief after being convicted in 2017 for various charges, including conspiracy to distribute heroin. Despite accepting a total of $21,000 in fees from Thompson’s fiancée, Trestina White, Eppley reportedly did not file any motions on Thompson’s behalf for several months. Furthermore, it is alleged that Eppley did not disclose to White that he was not licensed to practice law in Tennessee, where the case was being handled. The complaint states that Eppley requested additional payments for his services, totaling $6,000, but has not yet completed any significant work on the case.
The second case involves Diane Arkenau, who hired Eppley in August 2022 to address a property dispute in Kentucky. Eppley agreed to represent her for a fee of $20,000 but failed to file any legal motions on her behalf during the four months of representation. Arkenau reported that Eppley did not respond to her requests for updates and eventually terminated his services, requesting the return of her legal files. While Eppley eventually provided a refund, discrepancies in how he handled her payments have raised additional concerns.
The Cincinnati Bar Association’s complaint highlights Eppley’s alleged failure to maintain proper financial records, noting that payments from both Thompson and Arkenau were deposited directly into his operating accounts, rather than a designated client trust account, as required by professional conduct rules.
The complaint further cites violations of several specific provisions of the Ohio Rules of Professional Conduct, including the obligation to act with reasonable diligence, keep clients informed, and maintain accurate financial records. Eppley is also accused of collecting excessive fees without appropriate documentation and failing to provide a written fee agreement in Arkenau’s case. The Cincinnati Bar Association has formally requested that the Board of Professional Conduct find Eppley in violation of these rules and impose appropriate sanctions.
According to avvo.com, Mr. Eppley is a family attorney in Cincinnati, Ohio. He acquired his law license in Ohio in 2005.
A copy of the original filing can be found here.
