On Thursday, October 17, 2024, the Supreme Court of Ohio suspended attorney Gerald Robert Walton from the practice of law for 18 months, with the entire suspension stayed on conditions, for violating multiple rules of professional conduct during his representation of clients.
The case is entitled “In the Matter of Gerald Robert Walton,” with case no. 2024-1107.
The charges cited Ohio Rules of Professional Conduct 1.4(c), 1.5(d)(3), 1.15(a), and 1.15(c).
According to the filing, Walton sent a letter of engagement to long-time client Linda Bilow requesting a $1,500 “non-refundable retainer” for representing her and her husband in a civil matter involving a roofing company. However, the letter failed to notify Bilow that she may be entitled to a refund of all or part of that fee if Walton did not complete the work, violating rules regarding non-refundable fee agreements. Walton also did not inform Bilow that he lacked professional liability insurance and failed to deposit the retainer into his client trust account, removing safeguards for client funds.
Through admissions in his answer and joint stipulations with the Lorain County Bar Association bringing the violations, Walton accepted that he violated rules concerning fee agreements, notification of insurance coverage, and proper handling of client money. The panel dropped one alleged violation of diligent representation. Aggravating the misconduct was Walton’s prior six-month suspension in 2016 based on his failure to respond to two letters of inquiry and a subpoena compelling his deposition following two overdrafts of his client trust account.
In their decision, the court agreed with the association and Board of Professional Conduct that this pattern of misconduct over client fees and notifications warranted a greater penalty than comparable past cases resulting in reprimands or short suspensions. However, they found Walton’s acts less egregious than other cases with factors like criminal conduct or lacking cooperation. The court considered mitigating factors, including the acceptance of guilt and a cooperative demeanor.
To ensure the protection of the public and recognition of Walton’s prior issues, the suspension’s 18-month period will be fully stayed contingent upon one year of monitored probation focused on legal practice and accounting management. The conditions are meant to educate and prevent future compliance lapses.
According to avvo.com, Mr. Walton is a family attorney in Independence, Ohio. He acquired his law license in Ohio in 1980.
A copy of the original filing can be found here.
