Complaint seeks to have attorney Mike Duff's license suspended

Ohio's Office of Disciplinary Counsel has filed documents in court to have veteran attorney Mike Duff's law license suspended for alleged violations of professional rules and his deteriorating memory and mental state. Duff, 67, "suffers from a mental illness that substantially impairs his ability to practice law," Disciplinary Counsel attorneys Joseph Caligiuri and Lia Meehan told the Ohio Supreme Court's Board of Professional Conduct in a court document filed March 31. The Office of Disciplinary Counsel investigates judges and attorneys for misconduct and makes recommendations for discipline to the Board of Professional Conduct. The 10-page complaint also alleges Duff charged illegal or excessive fees for his work and that he entered into a business transaction with a client that was not fair, not reasonable, not reviewed by an independent attorney and not done in writing. Duff made plans to give up his law license and resign from practice more than a year ago, but it isn't clear that he knows he won't get it back, the attorneys wrote. Disciplinary counsel "has been unable to assess (Duff's) mental state and to ascertain whether he understands the permanency of his decision to resign from the practice of law," Caligiuri and Meehan wrote. Duff "may believe, incorrectly," that he could get his license back after offering to surrender it last year. Duff had not responded to the complaint Friday. The deadline to respond is April 20. It wasn't clear if any complaints about Duff were ever filed with the Lorain County Bar Association. Such complaints are confidential unless probable cause is found to forward them to the Board of Professional Conduct. The board's online directory of Ohio attorneys lists Duff's law license as "inactive." His record contains no prior discipline. Inactive attorneys "may not practice law in Ohio or hold themselves out as authorized to practice law in Ohio," according to the Board of Professional Conduct. Several recent controversies have chased Duff, a licensed attorney since November 1980. Client sues In one incident in 2014, Duff entered into an agreement that made him partial owner of a client's home in exchange for legal representation in a criminal case. That year, Madhu Dutta of Sheffield Lake hired Duff to represent him on felony drug charges in Lorain County Common Pleas Court. Dutta and his wife, Christine, bought their lakefront home at 3675 Lake Road for $1.125 million in 2013, according to the Lorain County Auditor's Office. The purchase made them neighbors with Duff, who lives on the same street. In April 2014, Madhu Dutta transferred one-half interest in his home to Duff as collateral against any future legal fees. He believed Duff would either give title back to him after representing him in court or else keep the property and pay fair market value for it. There was no written agreement or written consent, and Duff didn't recommend Madhu Dutta seek the advice of another attorney. The latter is required under the rules of professional conduct for attorneys. Madhu Dutta pleaded guilty to felony drug charges in 2017 and was sentenced to two years probation. Duff represented him on felony charges in Common Pleas Court two more times between 2017 and 2019, with probation the sentence in both of those cases as well. After divorcing her husband, Christine Dutta filed a grievance against Duff over the property transfer in August 2020. The auditor's office still lists Duff and Christine Dutta as the property owners, and the lakefront property's market value at slightly more than $1.25 million. Half of that value, or about $626,270, belongs to Duff. But Duff "did not earn $626,270 in fees" representing Madhu Dutta in court, and should have surrendered his interest in the property, per the complaint. Duff told the disciplinary counsel in September 2020 that Madhu Dutta couldn't pay to maintain the property and that he, meaning Duff, wanted to buy it. He told investigators Madhu Dutta agreed to sell him the property at an amount to be determined as long as he and Christine Dutta could come to terms on the sale of her interest in it. Madhu Dutta sued Duff in Common Pleas Court in August, seeking at least $50,000 in compensatory and punitive damages as well as attorney fees. Other defendants include the state of Ohio, the city of Sheffield Lake, the Lorain County Treasurer's Office, Christine Dutta and the IRS. The case is assigned to Judge Mark Betleski's court. Court records say Duff is represented in that case by attorney Jonathan Rosenbaum. Messages seeking comment were left for Rosenbaum. Sexual assault charge In a second incident brought up in the complaint, Lorain police charged Duff with misdemeanor sexual imposition after he was accused of touching a client in a sexual manner at his downtown Lorain office in January 2021. The woman told detectives that Duff made "unwanted sexual advances" and had "physical contact with her without her consent" inside his office, and Lorain police said detectives found evidence backing up her story. Duff pleaded not guilty to the sexual imposition charge in Lorain Municipal Court, as well as a misdemeanor telecommunications harassment charge filed later in March 2021. Around the same time, Duff notified the Ohio Office of Attorney Services of his intent to retire and asked his law license be given "inactive" status. His family doctor told disciplinary counsel in April 2021 that Duff was being evaluated for dementia and memory loss and was "not mentally competent" at the time. The Disciplinary Counsel complaint said no medical documents, nor a formal diagnosis, were provided to authorities. Attorneys Anthony Rich and Dan Wightman, who represented Duff in the criminal case, asked a judge to order a competency evaluation, citing their concerns over Duff's "medically documented memory issues." Wightman also told the Disciplinary Counsel's office Duff had dementia, according to the complaint. After Duff failed to appear at a deposition in July 2021, his wife, Sarah, told the Disciplinary Counsel's office her husband had "confusion issues" and wouldn't be showing up. She was again asked for medical documentation, according to the complaint. The same day, July 21, Mike Duff was found walking in the middle of Lake Road by Sheffield Lake police. They said he "appeared to be confused," according to the complaint. Mike Duff was evaluated for competency on Oct. 25, and was found to have a mental illness and deemed unable to assist in his own defense, according to the complaint. Sarah Duff told disciplinary counsel that while her husband could be eligible to reinstate his license if his medical issues were resolved, he "doesn't think he is retired," according to the complaint. In fact, Mike Duff "thought we were coming in for a seminar," Sarah Duff told an evaluator. At a competency hearing on Dec. 22, 2021, Visiting Municipal Judge Kevin Smith found Mike Duff not competent to assist in his own defense and dismissed the sexual imposition and harassment charges, according to court records and Mike Duff's attorneys. Two days later, Sheffield Lake police responded to a call about "an elderly man in a bathrobe walking eastbound on Lake Road." It was Mike Duff. Sarah Duff picked him up, telling police her husband was "having a 'rough time staying in the house today,'" according to the complaint. Disciplinary counsel reached out to the couple about Mike Duff's mental health three times in February. They got no reply, according to the complaint. On Feb. 21, Sheffield Lake police again found Mike Duff in the area, and dropped him off at home. On Feb. 22, he was found walking in the middle of the road and was almost hit by a car. Police again dropped him back off at his home, according to the disciplinary complaint. The Chronicle-Telegram reached out to Sarah Duff for comment. Trent and Woods case Mike Duff also faced criticism last year for the way he defended two clients on serious felony charges. Judge Chris Cook ruled last year that Mike Duff coerced Thomas Trent and Robert Woods into pleading guilty to kidnapping and rape charges after telling them it would cost $30,000 to take their cases to trial. Cook allowed Trent and Woods to withdraw guilty pleas in January 2021. The men got new court-appointed attorneys and were acquitted of all the charges after a four-day trial in September. In his ruling, Cook took Mike Duff to task. He wrote that the defendants and their new attorneys had to "start from scratch" due to his behavior. Duff declined to comment to The Chronicle at the time. It wasn't immediately clear if anyone filed complaints with the county bar association or Office of Disciplinary Counsel over his handling of that case. Wightman said he tried many cases with Mike Duff and considers him a friend. He said Mike Duff was always a "very aggressive, very strongly opinionated" attorney who may have "rubbed a lot of people the wrong way" but that's what made him so good at what he did. Wightman said one of his favorite Mike Duff moments was when the two of them were representing Danny Smith in a murder case before the late Common Pleas Judge Kosma Glavas. Smith was facing the death penalty, Wightman said. Mike Duff had been hired to represent Smith and brought Wightman in to help. The two eventually won and Smith was acquitted, but Mike Duff was "very aggressive" in the courtroom. At one point, Mike Duff made an objection that Glavas overruled. "'Your honor, I've objected 200 times. I have to be right once just by chance,'" Wightman recalled Mike Duff telling the judge. "The judge, jury, other attorneys knew he would fight to the end," Wightman said. "Right or wrong, it was going to be a fight." Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him on Twitter @daveobrienCT.