On Friday, April 28, 2023, the Cleveland Metropolitan Bar Association filed charges for attorney discipline against Beachwood attorney Robert Smith III alleging mishandling of client and third-party funds.
The case is styled Cleveland Metropolitan Bar Association v. Robert Smith III under case no. 2023-007.
The charges cited violations of Ohio Rules of Professional Conduct Rules 1.4(c), 1.5(c)(1), 1.15(a)(2), 1.15(a)(5), 1.15(d), and 8.4(c).
The Ohio Rules of Professional Conduct can be found here.
According to the Complaint, the respondent was alleged of mishandling funds in two separate cases. In one instance, he delayed paying a client her $12,000 settlement and maintained an insufficient balance in his trust account. In another case, the respondent settled personal injury claims but failed to use the funds to pay off outstanding liens owed to a third-party medical provider. The respondent admitted to using the money for personal and business expenses instead of distributing it properly. Additionally, the respondent neglected to maintain accurate records, inform his client about his lack of insurance and document their fee agreement. As a result, the respondent pleaded guilty to Grand Theft and enrolled in a rehabilitation program.
The Complaint states:
“In addition to spending client and third-party funds, Respondent also failed to maintain IOLTA ledgers, reconcile his IOLTA balance, disclose his lack of professional liability insurance to Ms. Javey, or reduce his contingency fee agreement with Ms. Javeyto writing.”
By these acts, the Relator, Cleveland Metropolitan Bar Association, alleges that the respondent’s actions violated the Rules of Professional Conduct as charged. The relator requests the Board to recommend a suitable penalty that is fair and just considering the respondent’s actions.
Mr. Robert Smith III practices in Beachwood. He attended Cleveland State University- Marshall College of Law. He has been licensed to practice in Ohio since 1984, license no. 0025381. His info can be found on LinkedIn.
A copy of the original filing can be found here.
