On Friday, August 2, 2024, the Board of Professional Conduct of the Supreme Court of Ohio recommended that attorney Evan Thomas Byron receive a one-year stayed suspension for making false statements and violating client trust accounting rules.
The case is entitled “In the Matter of Evan Thomas Byron,” with case no. 2023-028.
The charges cited Ohio Rules of Professional Conduct 3.3(a)(1), 8.4(d), and 1.15(a)(b)(c).
Byron was accused of two counts of professional misconduct related to his representation of a client, Helga Semaj, between 2022-2023. Regarding the first count, Byron denied having a romantic relationship with Semaj during court hearings in August 2022, when in fact they had resumed their intimate relationship months prior, and it continued during the period in question.
For the second count, Byron improperly deposited $15,000 in advanced legal fees paid by Semaj into his personal business account rather than his client trust account, as required. He also kept $5,000 of Semaj’s funds in his client’s trust account after paying himself for legal work instead of applying it to her outstanding balance, which is prohibited. Byron acknowledged committing the IOLTA violations but denied wrongdoing regarding the false statements to the court.
The panel held a hearing on the matter in March 2024. While Byron had no prior disciplinary record, the panel found clear and convincing evidence supporting both counts based on stipulations and evidence presented. They determined his conduct violated ethics rules around candor to the tribunal and conduct prejudicial to the administration of justice.
The panel considered aggravating factors like Byron’s dishonest motive in denying the relationship to avoid disqualification. They did recognize no prior discipline as mitigating. Taking into account similar case law, the panel suggested a one-year suspension, fully stayed, provided there is no further misconduct.
On August 2, 2024, the Board voted to adopt the panel’s findings and recommendation.
The recommendation states:
“Pursuant to Gov. Bar R. V, Section 12, the Board of Professional Conduct considered this matter on August 2, 2024. The Board voted to adopt findings of fact, conclusions of law, and recommendation of the hearing panel and recommends that Respondent, Evan Thomas Byron, be suspended from the practice of law in Ohio for one year with the suspension stayed in its entirety on the condition that Respondent refrains from further misconduct.”
According to avvo.com, Mr. Byron is a litigation attorney in Beachwood, Ohio. He attended the Case Western Reserve University School of Law. He acquired his law license in Ohio in 2006.
A copy of the original filing can be found here.
