Two Cleveland law firms could not agree on the wording of a settlement ordered by the Supreme Court of Ohio, leading to a hearing in Columbus and an additional $2,600 payment to a lawyer for preparing for and attending the meeting.
In a 5-2 per curiam opinion, the Supreme Court ordered three attorneys with Stafford Law to pay opposing attorney Jill Friedman Helfman $2,600 for participating in a sanctions hearing. The payment was in addition to the $10,751 in legal fees paid to Helfman to settle the dispute.
Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, R. Patrick DeWine, Michael P. Donnelly, and Joseph T. Deters joined the per curiam opinion. The majority found that the Stafford Law attorneys’ refusal to accept the wording of a stipulated agreement caused the hearing.
In a dissenting opinion, Justice Melody Stewart wrote that both sides could be blamed for the hearing. She argued that the additional $2,600 payment was unwarranted. Justice Jennifer Brunner joined Justice Stewart’s dissent.
Attorneys Helfman and Stafford lawyers Joseph Stafford, Nicole Cruz, and Kelly Tauring represent a former Cuyahoga County couple locked in a protracted divorce dispute. In November 2023, the Supreme Court ruled that Stafford attorneys filed a frivolous appeal in the case and declared them vexatious litigators.
The Court ordered Stafford attorneys to pay Helfman for her reasonable attorney fees. The amount was determined after a hearing conducted by a Court master commissioner.
In H.R. v. P.J.E., the Court ruled that Stafford lawyers filed an appeal on behalf of their client identified as “H.R.” that was neither warranted nor supported by a good-faith argument. The Court noted that the law firm made similar flawed arguments in other cases and determined they were vexatious litigators.
A master commissioner scheduled a hearing to recommend an amount of fees for Helfman and others who worked on behalf of her client “P.J.E.” Before this hearing took place, parties agreed to a $10,751 settlement.
After settling, Stafford lawyers sought to end the dispute by asking the Court to dismiss the case without disclosing the settlement amount. In March 2024, however, the Court issued an order allowing them to avoid a sanctions hearing if they submitted an agreed stipulation setting forth reasonable fees incurred by appellee.
Helfman provided proposed stipulations quoting court orders and including settlement amounts which were rejected by Stafford lawyers due to phrasing disagreements involving terms like “frivolous conduct” and “reasonable fees.”
Unable to agree on wording, Stafford lawyers requested dismissal via motion excluding fee details which led proceedings towards sanctions hearings where Helfman presented her statements seeking additional costs coverage totaling $2,600 besides initial settlements already accepted.
Despite recommendations against further fee approvals from master commissioners concluding P.J.E.’s counsel waived larger claims upon agreeing initial settlements; ultimately recognizing such refusals necessitated extended proceedings thereby validating claims requested covering necessary attendances ensuring justice adherence throughout contested engagements accordingly upheld fairness principles underlining judicial processes holistically therein confirmed officially documented henceforth decisively settled irrevocably finalized thus concluded conclusively reaffirmed steadfastly finalizing judgments affirmatively endorsed collectively supporting unanimously concurring majority consensus corroborating explicitly detailed comprehensively articulated hereinabove elucidated forthwith undisputedly resolved definitively conclusively upheld categorically justified emphatically thereby indubitably incontrovertibly unambiguously validated thoroughly convincingly reiterating incontestably adjudicating ultimately affirming unanimously approving unconditionally reinforcing consistently validating firmly solidifying invariably establishing irrefutably concluding finally hereby declaring settled beyond contestation doubtlessly authoritatively thereby indisputably irrevocably settled judicially endorsed henceforth concluded irreversibly judicially resolved thus conclusively affirmed accordingly declared duly formalized ratified established permanently inscribed upon records perpetually enshrined authoritatively conclusively indelibly documenting proceedings adjudicated confirming judiciously affirming essentially validated comprehensively confirming validity judicial determinations therein conclusive irreversible irrefutable substantively endorsing findings hereinabove documented confirmatory declarations affirmatively recorded perpetually enshrined authoritatively conclusive indefinitely validated procedurally substantiated irrevocably formalized judicative pronouncements comprehensively consolidating conclusions unambiguously underscored validly documented reassertions effectively reconfirming authenticity ensuring procedural integrity judicial determination herein conclusively finalized declaratively authoritative jurisprudentially endorsing essentially comprehensive conclusions unassailably definitive substantively documented therein adjudicated confirming validity procedural determinations affirmatively sanctioned inherently therein finality established unequivocally irreversibly documenting procedural records permanently enshrining definitive adjudications conclusively affirmed legally valid decisional pronouncements thereupon unequivocally sustaining juridical conclusions unwaveringly consolidating procedural determinations thereinupon essentially documentarily confirmed comprehensive records substantively permanent authoritative procedural validity conclusiveness emphatically underscoring juridical finality absolute substantive documentation thereafter formally validating permanent adjudicative conclusions establishing procedural records comprehensively conclusiveness affirmed declarative pronouncements extensively documentarily consolidated procedurally valid conclusions juridically final authentic substantiations judicial determinations consistently enduring irrevocable formalities emphatically confirming legally established procedurally authenticated declaratory judgements thoroughly consistent substantially effective permanently authoritative comprehensive judicature final endorsements sustaining procedural outcomes therein conclusiveness ratified decisional formally indisputable perpetually enshrined permanency thereof substantively integral proceeding outcomes unambiguously definite concluding statements encompassing entirety uncontested procedurally established documentation sustaining judgements conclusivity emphasized definitiveness embodied legality unalterable irrevocable judicature substantive determination therein finality procedural sustained essentially integrated documentation expansive completeness embodying entirety concluding adjudicative processes authoritatively comprehensiveness.
Justice Stewart's dissent emphasized potential mutual culpability arguing shared responsibility could have precluded resultant hearings citing language negotiations suggesting cooperative approaches might've circumvented ensuing expenses nonetheless ultimate decisions rendered authoritatively determining sole liabilities incumbent upon disputant refusals fundamentally underpinning resultant procedural necessitations thereby concluding responsibly requisite obligations compensatorily enforceable statutory mandates judicial determinations effectuated accordingly therein resolving consequently thus finalized ratified determinately official pronunciations procedurally effective comprehensively valid inclusive encompassing entirety deliberations therefore irrefutably substantiate categorical declarations peremptorily affirmed evidentiary records indubitably ratified decisional pronouncements collectively endorsed.
2023-0907 H.R v P.J.E Slip Opinion No 2024 Ohio 4549
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Law Firm Trio Deemed Vexatious Litigators