In re Hibner

Lawyer John Hibner (defendant) was hired to represent clients who faced child-neglect charges that could result in the loss of custody of their son. At that time, the clients’ home was in foreclosure. Without disclosing Hibner’s own conflicts and self-interest or fully explaining the transaction, Hibner had the clients sign a deed giving their home to him. Hibner then forged a notary stamp on the deed, paid off the debt and back taxes on the home, and recorded the deed. Hibner also claimed that he entered an oral agreement to lease the home back to the clients, but the clients never signed his proposed paper lease. The clients continued to live in the property without paying rent. As part of the child-neglect case, the clients needed to show that they had a stable home for their son. Despite this, Hibner initiated eviction proceedings against the clients during the case. However, at one point, Hibner also gave $600 to $800 to the clients to help them keep their utilities on. The child-neglect case ended before Hibner had evicted the clients. A few days after that case ended, the clients sued Hibner to force him to return the home. The lawsuit settled with the clients paying Hibner for the home and Hibner deeding the home back to the clients. A court grievance committee filed charges against Hibner for violating the rules of professional conduct, alleging that Hibner had unethically entered business transactions with his clients when he took their home and then leased it back to them. Hibner claimed that he had been trying to help the clients and stated that he regretted his conduct. This was Hibner’s first time being charged with professional misconduct, and Hibner submitted positive character references from six local attorneys.