What Ohio must change so this never happens to another child
My lawyer promised me motions in writing, took my retainer, and then withdrew two and a half months later without filing any of them. I never received the file letter he promised. These are the changes I am asking for, based on what happened with this lawyer.
Changes needed in Ohio law
- A written answer to a written request. When a client asks in writing for a specific filing, the lawyer should answer in writing within 14 days: either the filing, or a clear "I will not file this, and here is why," so the parent can act in time.
- The file, on a deadline. A lawyer who withdraws should have to deliver the client's complete file, including deposition questions, transcripts and notes, within 14 days of the order allowing withdrawal, and file a notice with the court saying it was done.
- Itemized statements on request. A client should get an itemized statement and an accounting of the retainer within 30 days of asking, with no exceptions after the case ends.
- No withdrawal weeks before trial without a plan. When a lawyer withdraws with depositions and trial already scheduled, the court should confirm the client has new counsel or a reasonable continuance.
What Senate Bill 174 should add
Senate Bill 174 of the 136th General Assembly, sponsored by Senators Theresa Gavarone and Paula Hicks-Hudson, rewrites Ohio custody law. It replaces "residential parent," shared parenting and sole custody with court-approved parenting plans. It passed the Senate on November 12, 2025, and it is now in the House Judiciary Committee, which last heard it on June 10, 2026. It is not law yet. Section numbers below are the bill's new numbers, taken from the Legislative Service Commission analysis of the version as passed by the Senate.
- What I am asking lawmakers to add. When a parent's lawyer withdraws while a parenting case is pending, any hearing that could change parenting time should be held only after the parent has had a reasonable time to get new counsel and receive the file.
David S. Anthony of Anthony & Zomoida, LLC was my lawyer in my divorce and custody case, Summit County Domestic Relations Court, DR-2022-03-0667, from September 13 to December 5, 2023. His engagement letter promised that "every effort will be made to expedite this matter as diligently and expeditiously as is possible." In writing, he told me a motion to reconsider would be worked on "next week." It was never filed. The only filings under his name on the docket are his notice of appearance and his motion to withdraw.
What happened
I signed his engagement letter on September 11, 2023, and paid a $5,000 retainer the next day. He went to court with me on September 25 and October 4, 2023, and was my attorney for the depositions on October 26 and 27, 2023. On October 6, 2023 I sent him, in writing, a list of motions I wanted filed, starting with a motion to reconsider. He told me he would work on it. Over the next month I asked again and again. On November 20 he wrote that he would "get your documents to you this week." Nine days later, on November 29, 2023, he moved to withdraw, saying we had "fundamental disagreements" about how the case should be handled. The court granted it on December 5, 2023. Trial was set for April 2024.
At a glance: I sent him 206 texts and he sent 70; his last text to me was November 20, 2023. I sent him 57 emails; he sent 9 and his office sent 4. Fees I found: $6,210. The docket shows no motion filed by him. Of the 19 written requests and 1 written promise in section 3, 2 were done; the other 18 led to nothing filed or sent that I can find. After he said he would withdraw, I did not hear from him again for 175 days.
Running totals of what this cost me are on the costs and time page.
1. Who he is, and how he came into my case
David S. Anthony is an Ohio lawyer with Anthony & Zomoida, LLC. I had no money for a lawyer, so Milo hired him for me.
- September 11, 2023. I signed his engagement letter (engagement letter, dated and signed 9/11/23).
- September 12, 2023. The $5,000 retainer was paid by Zelle. At 4:39 PM he texted: "Received" (bank statement, 9/12/23; his text).
- September 13, 2023. He filed his notice of appearance (docket, 9/13/23).
- September 14, 2023. The day after he appeared, the other side filed an amended complaint asking that my ex-husband be named residential parent and that I pay spousal support. No answer to it was ever filed for me (amended complaint, docket #298, 9/14/23; docket).
- September 25 and October 4, 2023. Hearings in my case. He met me at the courthouse for both (texts, 9/24/23 and 10/4/23; his office's emails, 9/13/23 and 9/27/23).
- October 26–27, 2023. Depositions at Lisa Dean's office. He was my attorney for them. On October 17 he forwarded me the other side's deposition notices, and his office scheduled both days for me with "Attendance Required: Yes" (his email, 10/17/23, 6:17 AM; his office's calendar notices, 10/17/23 and 10/25/23). On the evening of October 25 he texted me to prepare, checking which deposition transcripts were in my file ("I see all the other depo transcripts") (his texts, 10/25/23, 7:20–7:47 PM). On the morning of October 27 I asked, "What time am I meeting you at Lisa dean office?" and he answered "915 ish" (texts, 10/27/23, 6:52 and 7:54 AM). Early that morning he posted the deposition transcript and exhibits to my client portal (portal notice, 10/27/23, 7:45 AM). When my ex-husband's deposition could not finish, it was reset for January 17, 2024 (his office's calendar notice, 10/27/23, 2:00 PM; his motion to withdraw, 11/29/23).
- November 29, 2023. Motion to withdraw (docket, 11/29/23).
- December 5, 2023. Order granting his withdrawal. My next lawyer, Candace Kim-Knox, filed a substitution of counsel the same day (docket, 12/5/23).
The October 4, 2023 hearing
On August 30, 2023 my ex-husband filed a motion to keep my sons away from my then-fiancé (docket, 8/30/23). Judge Joseph Giulitto heard it on October 4, 2023, and David Anthony represented me. At the start the judge said, "I have not read the reports because they are not available" (official court audio, 10/4/23, 0:07:18).
My ex-husband testified that the background check his side ran on my then-fiancé showed no criminal history and no domestic violence (official court audio, 0:33:03–0:33:35). When Lisa Dean asked the guardian ad litem, James Phillips, whether he had any concerns about my then-fiancé himself, he answered, "I do not" (0:58:38). Questioned by David, he said that my then-fiancé's "interaction around the kids has been fine when I've been present," that the children had not told him they were uncomfortable in the home, that the home was "appropriate," and that "they report they like him" (1:09:37–1:13:19).
David then asked the guardian whether keeping my sons from my then-fiancé was necessary for their best interests. The guardian agreed that it wasn't necessary at that point, and that less restrictive orders were available (1:14:59–1:15:42). David rested without arguing it, and he never used that testimony in any motion (official court audio, 1:38:37–1:38:52; docket).
The judge ruled as soon as the last witness finished. There were no closing arguments. He said: "I know that times are changing, and maybe the older generations are not up to speed with the modern way of living" (about 1:39:05–1:39:13). He said my sons "seem to have accepted [my then-fiancé]. He appears to be a very nice person" (1:40:39–1:40:44). Then: "Couldn't we wait… You will not have them around [my then-fiancé] until the divorce is over… Maybe the two sides should get together and try to get this matter resolved… so that you can reintroduce your children to [my then-fiancé] again" (1:41:05–1:41:48). His order: "The children will not be in the presence or accompanied by [my then-fiancé]" (1:42:24–1:42:34). He said the guardian's report would come on February 1 (1:42:50–1:43:00). The written order followed on October 12, 2023 (docket #303).
David objected when the counselor's letter came in, because she was not there to be questioned (about 1:02:30). He did not ask to make a closing argument, ask for written findings, or ask the court to wait for the guardian's report. That evening he texted: "I'm sorry he ruled the way he did but I have to have time to think it through" (his text, 10/4/23, 6:03 PM). On October 6 I sent him a written list of motions, starting with a motion to reconsider. Nothing was filed (my email, 10/6/23; docket). In September he usually answered within minutes. By November his typical reply took about a day. We met at his office on the morning of November 13, and he said I would have papers to sign by email by that Wednesday (my texts, 11/13/23, 9:02 AM, and 11/17/23, 11:05 AM). No papers came. After that meeting he did not answer 20 messages until November 20. He moved to withdraw on November 29 (texts and emails, 9/11–11/29/23; docket).
After the hearing: his advice went further than the ruling, and he let the written order stand
Two days after the hearing, before any written order existed, I asked David whether my then-fiancé could call my sons or watch their games from a distance. He answered: "No contact at all / No calls / No games" (his texts, 10/6/23, 9:05 AM). The judge had said only that my sons "will not be in the presence or accompanied by" him (official court audio, 1:42:24–1:42:34).
The written order came out on October 12, 2023 with broader terms, including "at any other time" and my sons' school and extracurricular activities (docket #303). When I asked him that afternoon what had just been filed, he wrote, "I don't know I just left court," and later sent me the link, with nothing more (texts, 10/12/23, 3:21–4:10 PM). He never objected to the written order, asked to correct it, or moved to reconsider it (docket, 10/12–12/5/23).
What I believe went wrong at the hearing
- Ruling before the reports (10/4/23, 0:07:18 and 1:42:50). The judge said he had not read the reports, and the guardian's report was not due until February 1. He ruled anyway. Jud.Cond.R. 2.5(A) (competence and diligence)
- A letter with no witness to question (10/4/23, about 1:02:30). The counselor's letter was allowed to be described over David's objection, though she was not there to be cross-examined. Jud.Cond.R. 2.6(A) (right to be heard); Evid.R. 802 (hearsay)
- No closing arguments (10/4/23, about 1:39). The judge ruled right after the last witness. Jud.Cond.R. 2.6(A) (right to be heard)
- "Times are changing" (10/4/23, about 1:39:05–1:39:13). A remark about generations and "the modern way of living" came just before the ruling. Jud.Cond.R. 2.3(A) (bias); 2.2 (impartiality and fairness)
- Restriction despite his own findings (10/4/23, 1:40:39–1:41:01). He said my sons had accepted my then-fiancé and that he "appears to be a very nice person," then kept them apart. Jud.Cond.R. 2.2 (impartiality and fairness)
- Tied to the divorce, not to harm (10/4/23, 1:41:05–1:41:33). "Couldn't we wait… until the divorce is over." Jud.Cond.R. 2.2
- Pressure to settle (10/4/23, 1:41:39–1:41:48). "Maybe the two sides should get together and try to get this matter resolved… so that you can reintroduce your children." Jud.Cond.R. 2.6(B) (a judge shall not coerce a party into settlement)
- A vague order with no findings stated (10/4/23, 1:42:24–1:42:34). "The children will not be in the presence or accompanied by [my then-fiancé]." Jud.Cond.R. 2.2
I filed a grievance against Judge Giulitto over this hearing. I was told in January 2026 that my grievance would not lead to discipline, so I resubmitted it in a new form. I have had no response to the resubmission.
2. What his engagement letter promised
September 11, 2023, Anthony & Zomoida, LLC engagement letter, signed by both of us:
"My work will be based on an hourly rate of $300.00 per hour."
"You have agreed that the initial retainer fee is $5,000.00 plus court filing costs."
"Every effort will be made to expedite this matter as diligently and expeditiously as is possible."
"Upon request, I will provide an itemized statement of services rendered…"
(engagement letter, 9/11/23)
I asked for my invoices in writing on January 7, 2026: "Please provide me an invoice of all monies paid to you by me at your earliest availability." Someone helping me with my case asked him for billing records again on January 9, 2026. I have found no reply to either.
3. What I asked him to do, and what happened
Every request below is in writing. Red rows are requests that led to nothing filed, sent or done that I can find. Times are Eastern.
| Date I asked | What I asked for | His answer | Result |
|---|---|---|---|
| 9/14/23, 8:48 AM (email) | A broader discovery request than the other side's. | 8:52 AM: "Once I catch up on the docket review, I will be in a better position to evaluate the discovery status. We can send supplemental discovery as well." | No record of supplemental discovery |
| 10/4/23, 4:19 PM (text) | "Can we hire my children an attorney for their rights?" | 4:19 PM: "We can file a motion under certain circumstances" | Not filed |
| 10/6/23, 8:56 AM (email) | A detailed list of discovery requests and deposition topics about my ex-husband's assets and accounts. | None found in writing. | No discovery or subpoena from him on the docket |
| 10/6/23, 9:02 AM (email) | A written list of "Motions to file," starting with a "motion of reconsideration to stay order," a "Motion for judge disqualification due to bias," a motion to change my sons' counselor, and a motion for contempt over the shared parenting calendar. | None found in writing. | None filed |
| 10/9/23, 3:21 PM (email) | A transcript of the October 4, 2023 hearing. | 3:30 PM: "We will order. No need for you to type it up." | He forwarded the court's audio link once, that morning at 11:40 AM ("For your records"); the court's notice said the files are removed after three days, and the link expired. The transcript was never ordered, and he never gave me one. I now have the official court audio of the hearing, quoted in the October 4, 2023 hearing section. |
| 10/10, 10/11 and 10/24/23 (emails and text) | Subpoenas for records and for a witness about my ex-husband's income. | None found. | None issued. The only subpoenas in that period were the other side's (11/15/23). |
| 10/19/23, 4:21 PM (email) | A motion about my ex-husband's side not communicating or sharing information about my sons' activities and events. | None found. | Not filed |
| 10/20/23, 9:23 AM (text) | "When will the motion to reconsider be filed?" | 9:24 AM: "When I get back in town I will be working on it. So. Next week" | Never filed |
| 10/27/23, 2:29 PM (text) | After my ex-husband's deposition was stopped because he said he was ill: "Can we get proof he was in urgent care? I want proof" | 2:30 PM: "Yes" | No proof found |
| 10/7/23 (email), 10/28/23 and 11/9/23 (texts) | A motion to release my half of the marital home sale money so I could afford legal representation. | 11/9/23, 3:37 PM: "I will call you tomorrow morning to get all ducks in a row" | Not filed. My next lawyer filed it on 2/21/24. |
| 11/1/23, 2:04 PM (text) | A motion to change the pick-up and drop-off location for my sons. | None found that addresses it. | Not filed |
| 11/2, 11/6 and 11/8/23 (texts) | "Update on the motion?" "Any update on the motions?" "Update on motion to reconsider?" | 11/6/23, 5:13 PM: "I will give you a call tomorrow." | Nothing filed |
| 11/17/23, 11:05 AM (text) | "You said you'd have papers for me to sign via email by Wednesday - can you please give me an update on that?" | 11/20/23, 8:22 AM: "I will return today and get your documents to you this week." | No documents. He moved to withdraw on 11/29/23. |
| 11/18/23 and 11/22/23 | A copy of my signed engagement letter. | 11/23/23, 6:35 AM (email): "Please find the engagement letter as requested." | Done |
| 11/23/23 (his promise) | His own email: after the withdrawal, "I will send correspondence to you setting forth all important events and providing notice of when your file will be prepared for delivery." | — | No such letter found |
| 1/10/24 (text and email) | The questions he had prepared for my ex-husband's deposition, and the deposition transcripts, to give my new lawyer. | None found. | Not sent. I asked again on 6/29/24. |
| 3/10/24 (email) | "Please provide me with any case notes you took. I'm representing myself again." | None found. | Not sent |
| 5/14/24 (email) | A September 28, 2023 letter from my sons' counselor, Lori Long, that I could not open. | 5/16/24, 9:10 AM: "Please see the document as requested." | Done |
| 6/12/24 and 8/18/24 (emails) | The last hearing transcript, and "a downloadable link of the audio recording of the hearing we paid for." | None found. | Not sent. He had forwarded the court's audio link only once, on 10/9/23, and it had expired. The transcript was never ordered. |
| 1/7/26 (email) | "Please provide me an invoice of all monies paid to you by me at your earliest availability." | None found. | Never sent |
4. In his own words
| When | What he wrote |
|---|---|
| 9/14/23, 8:52 AM (email) | "Once I catch up on the docket review, I will be in a better position to evaluate the discovery status. We can send supplemental discovery as well." |
| 10/9/23, 3:30 PM (email) | "We will order. No need for you to type it up." |
| 10/20/23, 9:24 AM (text) | "When I get back in town I will be working on it. So. Next week" |
| 10/31/23, 5:52 PM (text) | "Sorry day got away. … Call you tomorrow" |
| 11/6/23, 5:13 PM (text) | "Just leaving court been in trial all day I'm totally spent I will give you a call tomorrow. Thank you." |
| 11/9/23, 3:37 PM (text) | "Just got done with trial. I will call you tomorrow morning to get all ducks in a row" |
| 11/20/23, 8:22 AM (text, his last) | "I'm sorry I wasn't available for last several days. I have been handling personal matters that kept me away from work. I will return today and get your documents to you this week." |
| 11/23/23, 6:35 AM (email) | "Once the Court grants the motion to withdraw, I will send correspondence to you setting forth all important events and providing notice of when your file will be prepared for delivery." |
5. How he withdrew
On November 29, 2023 he filed a motion to withdraw. He wrote that we "have fundamental disagreements" about how the matter should be handled, and that "withdrawal can be accomplished without adverse effect on the interests of" me. The same motion listed what was still ahead in my case: the rest of my ex-husband's deposition on January 17, 2024, a pretrial conference on March 4, 2024, and three days of trial starting April 10, 2024 (Motion to Withdraw as Counsel, 11/29/23).
The court granted the motion on December 5, 2023 (Order re: Attorney Withdrawal, 12/5/23). None of the motions I had asked for had been filed.
His engagement letter covered my case "through entry of final judgment," and reserved his right to withdraw "if you fail to pay any statement when billed" (engagement letter, 9/11/23). I paid every bill: his invoice was paid on November 13, 2023. On November 9 I had asked him to get my house-sale money released "so I can give you another 5k," and on November 17 I wrote, "Do you need more money to move the case forward for me? Please communicate with me." (my text, 11/9/23, 10:28 AM; my email, 11/17/23, 12:33 PM). Twelve days later he moved to withdraw.
6. Fees and billing
| Date | What | Amount | Source |
|---|---|---|---|
| 9/12/23 | Retainer, paid by Zelle | $5,000.00 | Bank statement ("Zelle Payment To Anthony"); his text "Received" |
| 10/28/23 | Invoice #01571 sent through his client portal (reminders 11/5 and 11/12/23) | — | Portal emails |
| 11/13/23 | Invoice #01571, paid by card | $1,210.00 | Card receipt, 11/13/23, 1:53 PM |
| Total found | $6,210.00 | ||
His engagement letter says he would provide "an itemized statement of services rendered" on request. I have never received one, and I have no accounting of how the $5,000 retainer was used.
7. What he did do
For fairness: early on he was responsive and organized. He usually answered texts within minutes in September and October 2023. He met me at the courthouse for the September 25 and October 4, 2023 hearings. On October 16, 2023 he sent Lisa Dean a letter about my case, with me copied. He was my attorney for the depositions on October 26 and 27, 2023 (see section 1), and posted the deposition transcript and exhibits to my client portal on the morning of October 27. When I asked, he sent me my engagement letter, and in May 2024, months after he withdrew, he sent me the counselor's letter I could not open. His motion to withdraw listed my upcoming court dates. At the October 4 hearing he got the guardian to agree that less restrictive orders were available, and he objected to one of the other side's questions to my then-fiancé (official court audio, 1:15:31–1:15:42 and 1:38:24). He met with me at his office on October 13 and November 13, 2023, and on October 9, 2023 he forwarded me the court's audio link for the hearing.
8. Every email and text, counted
These are every email in my inbox to or from his firm, and every text in the export of our messages from my phone. Attachment-only entries are not counted.
| Month | Emails from me | Emails from him (his office) | Texts from me | Texts from him |
|---|---|---|---|---|
| September 2023 | 4 | 1 (2) | 26 | 19 |
| October 2023 | 42 | 6 (2) | 105 | 39 |
| November 2023 | 4 | 1 (0) | 71 | 12 |
| December 2023 – August 2024 | 5 | 1 (0) | 3 | 0 |
| 2025 – 2026 | 2 | 0 | 1 | 0 |
| Total | 57 | 9 (4) | 206 | 70 |
- Last text from him: November 20, 2023. I sent 15 more after that.
- Last email from him: May 16, 2024 (the counselor's letter).
- Longest silences: 175 days, November 23, 2023 to May 16, 2024 (I sent 5 messages). While he represented me: 6.9 days, November 13 (after our meeting at his office that morning) to November 20, 2023, while I sent 20 messages, and 7.1 days, September 27 to October 4, 2023.
What I believe was violated
| Rule | What I believe the record shows | When | Evidence |
|---|---|---|---|
| Prof.Cond.R. 1.1 (competence) | Rested without arguing the guardian's agreement that the restriction was not necessary at that point; no objection to a written order broader than the ruling from the bench. | 10/4/23 – 12/5/23 | Official court audio; #303; docket |
| Prof.Cond.R. 1.3 (diligence) | A motion to reconsider promised for "next week" was never filed. No motion of any kind was filed in two and a half months. | 10/20/23 – 11/29/23 | Texts; docket |
| Prof.Cond.R. 1.4 (communication) | Promised calls and documents that did not come; no written answer to my list of motions. | 10/6/23 – 11/20/23 | Emails; texts |
| Prof.Cond.R. 1.15(d) (accounting for client funds) | No itemized statement or accounting of the $5,000 retainer, despite the engagement letter and my written request. | 1/7/26 | Engagement letter; email |
| Prof.Cond.R. 1.16(d) (ending the representation) | No file letter as promised, and no deposition questions, transcripts or case notes after I asked for them. | 12/5/23 – 8/18/24 | Emails; texts |
The rules and laws, in their own words
- Ohio Rules of Professional Conduct (Supreme Court of Ohio): Rules 1.1, 1.3, 1.4, 1.15(d), 1.16(d)
- Ohio Office of Disciplinary Counsel
Children's names, birthdates, schools and addresses are redacted from every exhibit. Exhibits are excerpts. Full copies are kept for counsel and the appropriate authorities.