FIG OH18, L.L.C. v. Valentik

Syllabus

Motion for sanctions, R.C. 2323.51, Civ.R. 11, Prof.Cond.R. 1.8, frivolous conduct, former attorney. The court did not err in denying a motion for sanctions concerning arguments made by an attorney in defense of his client. The appellee defended his client in a foreclosure matter by arguing that promissory notes and mortgages executed in favor of the client's former attorney for payment of legal fees were unenforceable because they violated Prof.Cond.R. 1.8, and were otherwise unconscionable. Although the court properly found that Prof.Cond.R. 1.8 did not apply because there was no attorney-client relationship at the time the promissory notes and mortgages were executed, appellee raised plausible defenses and the court did not err in holding that sanctions were not warranted.