Austin R. Buttars an attorney in Dublin, Ohio, has been suspended indefinitely by the Ohio Supreme court for overcharging or stealing more than $128,000 from a mentally ill client, including charging his $250 hourly legal rate for mowing his client’s lawn.
Buttars has been under an interim suspension since June 2019, after he was convicted of fourth-degree felony theft. The Court conditioned his return to the practice of law on proof that he paid the remaining $66,174 of the $128,674 he took from his former client or that he reimbursed the Lawyers’ Fund for Client Protection for any amount awarded to her.
The Office of Disciplinary Counsel’s investigation of Buttars began from a referral from Franklin County Adult Protective Services regarding a woman identified in court records as E.H.
E.H suffers from mental illness, alcoholism, and depression. In May 2015, she hired Buttars for assistance with a landlord dispute. Butters worked as an independent contractor to a law firm. The law firm entered into a written fee agreement with E.H. to represent her in the landlord-tenant dispute on a pro bono basis, provided she pay $20 per month during her representation.
However, Buttars signed a separate written agreement with E.H. in which he agreed to represent her “in any capacity.” E.H. advised Buttars she did not have any money to pay him, but she expected to receive a substantial amount from her inheritance when her mother died.
Buttars worked on the eviction. Two months later, in July 2015, E.H.’s landlord agreed to dismiss his eviction complaint when E.H. voluntarily agreed to vacate the premises. Buttars charged E.H. for more than 30 hours of legal services for handling the eviction at his $250 per hour rate despite the law firm’s agreement to handle the matter pro bono.
E.H.’s mother died in September 2015, and E.H. requested that Buttars administer the estate. Buttars formed a law firm with another attorney, and the firm performed various actions for the estate until August 2016.
From the time E.H. hired Buttars through 2016, he charged her $69,785 for services, including $9,000 for the eviction matter. The rest of the charges were listed for administering the estate and handing personal matters. Additionally, Buttars’ law firm charged another $20,841 for probate and personal services, bringing the total fees to $90,626.
Buttars paid himself and the firm by making online transfers from E.H.’s bank account.
Franklin County Adult Protective Services became aware of the arrangement and notified the disciplinary counsel. The agency later filed a grievance against Buttars.
Information excerpts from The Highland County Press
