Temperance lawyer faces prison time for theft

Garrett NOT BLADE PHOTO Enlarge

Standing before a judge in Lucas County Common Pleas Court, this time as a defendant, a Sylvania lawyer who has his office in Temperance and has long practiced in the Toledo area, was found criminally responsible for stealing from former clients.

William A. Garrett, 68, pleaded no contest yesterday to two counts of grand theft. As part of the negotiated plea agreement, the lawyer agreed to pay $26,425.06 in restitution, and the prosecutor's office agreed to recommend that any prison sentence run concurrently.

Each charge is punishable by up to 1 1/2 years in prison. Judge Gary Cook set a June 30 sentencing date.

According to Assistant County Prosecutor Jennifer Donovan, Garrett used money for personal use that had been deposited into his escrow account on behalf of two separate clients. In each case, she said, the client had filed a grievance with the local bar association.

Garrett, who had been licensed in Ohio since 1970, was suspended by the Supreme Court of Ohio from practicing law in November. As of yesterday, he was still able to practice law in Michigan, although authorities said an investigation was being conducted.

One theft charge was a result of a grievance filed by a client who hired Garrett in June, 2008, to represent her in a personal injury case. Ms. Donovan said Garrett settled the case for $12,000 in February, 2009, and had agreed to a 25 percent contingency fee.

Garrett then paid the client $4,000 from the settlement money and kept the rest for his fee and to pay medical bills. However, no medical providers were paid and the client had since been contacted by collection agencies, Ms. Donovan said.

In that case, Garrett wrote seven checks to himself between Feb. 24, 2009, and March 23, 2009, that totaled $7,620, Ms. Donovan said. Additionally, he wrote two checks totaling $400 to third parties who were not involved in the settlement.

The second charge was the result of a grievance filed by a man who had hired him in June, 2008, to serve as administrator of the man's deceased mother's estate. Ms. Donovan said that Garrett created the estate in Lucas County Probate Court with himself as the administrator.

The client was at the time incarcerated in the Lucas County work release program. Garrett in April, 2009, sold the decedent's home for a total of $18,425.06 but did not forward any of the proceeds to the client.

Instead, he deposited the money in his escrow account and later wrote several checks to himself and others for personal expenses, Ms. Donovan said.

"He wrote 35 checks to himself, one check to himself and his wife, and made eight cash withdrawals. These transactions totaled $14,188," Ms. Donovan said. She added that Garrett wrote nine checks and made three electronic transfers to third parties totaling about $5,704.

"The defendant took the money that he was supposed to give to the victim and used it for himself," Ms. Donovan said.