The Supreme Court of Ohio has suspended Toledo lawyer Sarah A. Miller Driftmyer for one year due to multiple ethical violations. The decision includes an order for Driftmyer to pay restitution to a client and complete additional legal education. This marks the second suspension for Driftmyer, who was previously suspended in 2018.
Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, and Joseph T. Deters supported the opinion, while Justice Jennifer Brunner did not participate.
In January 2021, Ralpheal Reynolds engaged Driftmyer to file a motion for judicial release while serving a prison term. Disputes arose over the agreed fee amount; Reynolds claimed it was $250, whereas Driftmyer asserted it was $500 with staggered payments. No written agreement existed, violating rules that require informing clients about potential refunds if representation is incomplete.
Driftmyer failed to file the motion after Reynolds did not make an additional payment and ignored inquiries from the Toledo Bar Association regarding a grievance filed by Reynolds until nearly three months later.
Another complaint involved a disputed home sale where Driftmyer misled the court about ownership status during eviction proceedings initiated by her clients April Ross and her husband against seller Diana Dunsmore.
The board found that Driftmyer violated several ethical rules by charging nonrefundable fees without advising clients of refund entitlements and failing to respond to disciplinary authorities' demands for information.
Considering these violations alongside her previous suspension in 2018, which required compliance with recommendations from the Ohio Lawyers Assistance Program (OLAP), the Court imposed sanctions including monitored probation upon reinstatement focused on client trust account management and OLAP treatment compliance.
The case is recorded as 2023-0978: Toledo Bar Assn. v. Driftmyer, Slip Opinion No. 2024-Ohio-540.