O’Diam also was ordered to pay $4,500 to cover costs of the proceedings within 90 days.
The sanction is similar to one her father, Greene County Probate Judge Thomas O’Diam, received for the same incident.
The board determined that Brittany O’Diam violated a rule of professional conduct for embarrassing or harassing a third party during a 2019 status conference in which she and the judge spoke in a “retaliatory, demeaning and humiliating” manner to Grant David Buccalo.
Buccalo’s family had hired O’Diam & Estess Law Group in Beavercreek, where Brittany O’Diam practices law, to handle his mother’s estate. Buccalo attended a Greene County Commission meeting and said he thought Judge O’Diam “should recuse himself from cases in which ‘family members’ represent parties.”
Buccalo’s family had agreed to a disqualification waiver, which allowed their attorney to appear in her father’s courtroom.
Upon hearing of Buccalo’s comments, Judge O’Diam convened a status hearing during which he and his daughter cross-examined Buccalo for 75 minutes without an opportunity to respond, according to the original complaint, filed Dec. 1, 2021, by the Office of Disciplinary Counsel. Brittany O’Diam at one point asked Buccalo if he “thought it appropriate to impugn my character as an attorney in the public forum,” saying that he had delayed and refused to cooperate.
Brittany O’Diam further harassed Buccalo by writing a letter to Montgomery County Adult Protective Services in February 2020 that “intentionally triggered a criminal investigation and other humiliating consequences” for Buccalo related to the guardianship of a disabled family member. The investigation was immediately closed citing no probable cause, court documents say.
A message was left seeking comment from Brittany O’Diam on her lawfirm’s website.
Judge O’Diam of Xenia in April also received a six-month stayed suspension. He apologized for his actions, calling it “an isolated incident in an otherwise unblemished legal career. … I did not treat Mr. Buccalo with the patience, dignity and courtesy he deserved, and for that I am truly sorry.”
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