Mahoning County Bar Association v. Theofilos

Attorney Gus Theofilos (defendant) was hired by Philomena Dailey to probate Elizabeth Dailey’s will. Later Philomena asked Theofilos to prepare a new will for her in which Theofilos and his son, Ian, would be the beneficiaries and Theofilos would be the executor. Theofilos objected to the instructions and told Philomena that he could not prepare a will in which he was a beneficiary. Philomena persisted, and Theofilos complied and prepared the will. When Philomena died less than a year later, Theofilos probated the will. The Mahoning County Bar Association (the bar association) (plaintiff) filed a complaint against Theofilos, charging that Theofilos had violated several rules of professional conduct. The bar association alleged that (1) Theofilos had acted dishonestly, fraudulently, or deceitfully; (2) the impact on his personal and financial interests impaired his professional judgment; (3) Theofilos had prepared an instrument for a client that would materially benefit Theofilos; and (4) Theofilos had influenced Philomena to name him executor of Philomena’s estate. The Board of Commissioners on Grievances and Discipline (the board) held a hearing on the complaint and found that Theofilos had violated Ohio ethics rules and recommended that Theofilos be suspended from legal practice for six months. The report was filed with the Ohio Supreme Court as required.