Ohio Attorney Who Had Sex With Client Gets Suspended

An Akron, Ohio, lawyer who slept with a client while representing her and continued the relationship for several years after that case ended was suspended for a year by the state high court.

The Ohio Supreme Court stayed the suspension, however, agreeing with attorney Matthew Fortado that this was a more appropriate sanction than the six-month stay its board of professional conduct had recommended.

It explained that its reasoning was based on the “unique” facts of the case as well as Fortado’s cooperation and strong character.

Professional conduct rules forbid attorneys from engaging in sexual relationships with clients when no preexisting consensual relationship existed, the court said.

Fortado began a sexual relationship with a female client in 2011, about six months after he began representing her, the court said.

Their “intimate” relationship ended in 2014 but they remained friendly, and Fortado represented her in other matters until 2016, the court said.

The Akron Bar Association and Fortado stipulated to the facts and agreed to a conditionally stayed one-year suspension, the court noted. But the board disagreed and recommended a one-year suspension with six months stayed.

The supreme court pointed out that Fortado was disciplined in 1996 for conduct that reflects adversely on his fitness to practice law. But he’s fully cooperated and had numerous colleagues as well as judges attest to his favorable reputation and honesty, it said.

It looked at its past decisions and ultimately agreed with Fortado on the lesser sanction, finding it had imposed a stayed one-year suspension on attorneys whose conduct had been “more egregious” than Fortado’s.

The case is Akron Bar Ass’n v. Fortado, 2020 BL 56255, Ohio, No. 2019-0805, 2/18/20.