By SHELLEY TERRY - Staff Writer - sterry@starbeacon.com
ASHTABULA — Former City Solicitor Thomas Simon faces charges of misconduct, according to a complaint filed last month by the Ohio Supreme Court Disciplinary Counsel.
Simon allegedly commingled his personal money with his Interest on Lawyers Trust Accounts (IOLTA) fund, writing $369,081 worth of checks payable to himself and others from the account, which is a violation of professional and ethical conduct, according to the court panel’s complaint. (See sidebar on IOLTAs.)
Disciplinary Counsel Jonathan E. Coughlan believes there is probable cause for disciplinary action, according to the complaint.
Simon could lose his law license, sources in the local legal community said. Simon could not be reached for comment.
Simon began practicing law in Ohio in May 1981. He became Ashtabula’s city solicitor in December 1985 and remained in office until December 2007. In the November 2007 election, Ashtabula attorney Michael Franklin defeated Simon by 132 votes, ending Simon’s 21-year tenure.
According to the complaint, at all times relevant to the allegations in this complaint, Simon kept and deposited money into an the IOLTA at US Bank (see sidebar). He also was the only attorney with signature authority on the IOLTA.
The six-page complaint claims from March 2007 through 2008, Simon deposited client funds, personal funds, attorney fees and retainer fees from several clients into the IOLTA, including money from his Public Employees Retirement System (PERS) accountand money from his father’s, the late Sam Simon, estate.
From June 2005 through March 2009, he used the US Bank IOLTA as if it were his personal bank account and/ or law-office operating account, the complaint states.
The complaint alleges Simon violated ethical rules concerning the IOLTA, including:
n From 2005-09, he wrote about 59 checks totaling $232,250, payable to himself;
n On 33 occasions beginning in 2006 and continuing through 2008, he paid monthly utility bills and other personal expenses totaling $17,814, like cable and water bills, through automatic payment withdrawals taken directly from the IOLTA;
n During this same time period, Simon wrote 45 checks that totaled $80,576 to pay personal and law expenses; and
n He wrote nine checks totaling $38,442 to his wife, Joanne F. Simon, from the IOLTA .
The Disciplinary Counsel received a letter regarding Simon’s conduct on Oct. 8, 2008, from the Ashtabula County Bar Association Certified Grievance Committee.
The complaint states the Supreme Court’s Disciplinary Counsel repeatedly requested information and copies of Simon’s income-tax returns going back to 2005, to no avail — although Simon assured the panel “he would do so in the near future,” the complaint said.
As an attorney, Simon’s alleged misconduct violates the Code of Professional Responsibil-ity and the Ohio Rules of Professional Conduct, according to the complaint.
By failing to hand over the requested information, Simon violated another rule of professional conduct, according to the complaint.
Coughlan alleges Simon is chargeable with misconduct pursuant to the Code of Professional Responsibility and the Rules of Professional Conduct, according to the complaint.
Assistant disciplinary counsel Stacy Solochek Beckman is the prosecutor in the case.
“After investigation, (the state) believes reasonable cause exists to warrant a hearing on such complaint,” Coughlan said in the complaint.
What is the IOLTA?
Ohio operates a public-interest program to provide legal aid to indigent clients, using the interest from lawyers trust accounts.
Interest on Lawyers Trust Accounts (IOLTA) is a unique and innovative way to increase access to justice for individuals and families living in poverty and to improve the American justice system. Without taxing the public, and at no cost to lawyers or their clients, interest from lawyers-trust accounts is pooled to provide civil legal aid to the poor and support justice system improvements.
A lawyer who receives funds that belong to a client must place those funds in a trust account separate from the lawyer's own money. In 2003, state IOLTA programs generated more than $133.8 million nationwide. These funds, together with state and federal appropriations, as well as private grants and donations, enable nonprofit legal-aid providers to help low-income people with civil legal matters, including landlord/ tenant and child-custody disputes and advocacy for persons with disabilities.
Every state in the U.S. operates an IOLTA program. Between 1991 and 2003, IOLTA generated more than $1.5 billion nationwide to ensure justice for all.
Source: www.iolta. org/grants
