On Tuesday, November 1, 2022, the Toledo Bar Association filed charges for attorney discipline against Toledo attorney Sarah Miller Diftmyer alleging misconduct.

The case, titled In re: Complaint against Sarah Miller Driftmyer, is filed before the Board of Professional Conduct under case no. 2022-044.

The charges cited violations of Ohio Rules of Professional Conduct Rules 1.1, 1.4(a)(3), 1.4(a)(4), 1.5(d)(3), 1.15(c), 1.15(e), 3.3(a)(1), 4.3, 8.1(b), 8.4(c), and 8.4(h), which state:

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

A lawyer shall do all of the following . . . keep the client reasonably informed about the status of the matter.

A lawyer shall do all of the following. . . comply as soon as practicable with reasonable requests for information from the client.

A lawyer shall not enter into an arrangement for, charge, or collect any of the following: . . . a fee denominated as “earned upon receipt,” “nonrefundable,” or in any similar terms, unless the client is simultaneously advised in writing that if the lawyer does not complete the representation for any reason, the client may be entitled to a refund of all or part of the fee based upon the value of the representation pursuant to division (a) of this rule.

A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.

When in the course of representation a lawyer is in possession of funds or other property in which two or more persons, one of whom may be the lawyer, claim interests, the lawyer shall hold the funds or other property pursuant to division (a) of this rule until the dispute is resolved.

A lawyer shall not knowingly do any of the following (1) make a false statement of fact or law to a tribunal or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

In connection with a . . . a disciplinary matter, a lawyer shall not do any of the following: . . . in response to a demand for information from an admissions or disciplinary authority, fail to disclose a material fact, or knowingly fail to respond.

It is professional misconduct for a lawyer to do any of the following . . . (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

It is professional misconduct for a lawyer to do any of the following . . . (h) engage in any other conduct that adversely reflects on the lawyer’s fitness to practice law.

The Ohio Rules of Professional Conduct can be found here.

The following are as alleged and summarized from the Complaint:

In Count 1, the Respondent engaged in misconduct when she failed to keep her client, Reynolds, apprised of the status of the case and the respondent never filed a motion for the judicial release of Reynolds. Moreover, Respondent failed to produce the documentation she promised to provide to the Relator in its investigation, and she also failed to communicate with Relator regarding this failure.

In Count 2, the Respondent was alleged to have been incompetent in her representation of a client and had made a false statement before the Court. In addition, the respondent failed to use or recite the standard terms set forth in the residential real estate purchase agreement available online.

The Complaint states:

“Grievant, Raphael Reynolds, contacted Respondent in January 2021 for the purpose of filing a Motion for Judicial Release as to a criminal conviction of trafficking in heroin,

Respondent claims that she reluctantly agreed to proceed with the representation for a flat fee of $500, and accepted initial payment from Grievant in the amount of $250 with the balance to be paid at the time the Judicial Release was ready to be filed.”

The Complaint continues:

“From January through March of 2021, Respondent did not keep Grievant apprised of the status of her efforts, despite the availability of communications through J Pay, a form of email.

Sometime in March 2021, Respondent claimed that she reasserted the need for payment of the final $250 to file the motion.

It is undisputed that Respondent never filed a motion for judicial release on Grievant’s behalf.”

The Complaint further alleges:

“On November 2, 2020, a hearing was held in which Dunsmore acted pro se and Respondent represented the Rosses

Respondent knew, or should have known, that the Rosses did not complete payment of the agreed compensation, yet Respondent argued to the Court that Respondent’s clients were entitled to possession as the property owners, presenting the recorded deed.”

With the foregoing facts and the Respondent’s unethical conduct, the Disciplinary counsel requested that the respondent be found in violation of the above-cited rules of professional conduct and be sanctioned accordingly.

Ms. Driftmyer practices in Toledo, Ohio. She graduated from the University of Toledo College of Law in 2012. Driftmyer has been licensed in Ohio.

A copy of the original filing can be found here.