After a certified public accountant told two of her clients that she refused to work with attorney Christopher Altier, Mr. Altier sued her for defamation and interference with his business relationships with those clients. A trial judge dismissed the complaint, and the Ohio Court of Appeals agreed that Mr. Altier had no claim.

The problems between Mr. Altier and the accountant, Jacqueline Valentic, really started with their mutual client Lois McNish. Mr. Altier had prepared Ms. McNish’s will and powers of attorney, naming the accountant as her agent. As Ms. McNish’s condition deteriorated in early 2000, the management of her personal affairs took a number of twists and turns.

Although Ms. McNish’s will left the bulk of her estate to family members, her brokerage account (in excess of $600,000) named Mr. Altier, Ms. Valentic and her stockbroker’s wife as beneficiaries. That arrangement troubled Ms. Valentic and she insisted that she be removed as a beneficiary; Ms. McNish then changed the beneficiary designation to leave the account to Hiram College. Within hours she was hospitalized.

Ms. Valentic, the accountant, had already sought court appointment as guardian of Ms. McNish. In that proceeding the court had determined that her power of attorney was sufficient to permit her to manage Ms. McNish’s affairs. After the change of beneficiary was completed Ms. Valentic became more concerned about the possibility of undue influence and so used her power of attorney to transfer the brokerage account into a new account naming Ms. McNish’s estate as beneficiary.

A few months later Hiram College sued Ms. Valentic over the beneficiary change. That suit was settled, but when Ms. Valentic met with two different clients who had planned on using Mr. Altier for legal work she advised both of them that she would not utilize his services herself, and that she would not work with him.

It was those two conversations with clients that prompted Mr. Altier’s lawsuit against Ms. Valentic. He alleged that she had defamed him by suggesting that he was untrustworthy, and that she had interfered with his business relationships with the two clients.

The Ohio Court of Appeals upheld dismissal of the lawsuit. It noted that Ms. Valentic had limited her comments, refusing to explain to one client why she would not work with Mr. Altier. In the other case, Ms. Valentic had simply given the client the choice—either continue to work with Mr. Altier and find a new accountant, or locate a new lawyer instead. Since her refusal was also based on her good faith belief that Mr. Altier had acted inappropriately, his lawsuit was properly dismissed. Altier v. Valentic, October 22, 2004.

Mr. Altier had actually sued another lawyer at the same time. In addition to charging Ms. Valentic with defamation, he also named her attorney, Daniel E. Bond, in three counts of his complaint, alleging defamation (for a letter Mr. Bond had written to the personal representative of Ms. McNish's estate raising questions about the propriety of Mr. Altier's conduct) and for malpractice. Mr. Bond argued that he had never represented Mr. Altier and so could not have committed malpractice, that there was no cause of action for defamation arising out of the letter, and that the statute of limitations had passed in any event. The appellate court agreed with the trial judge, who had dismissed Mr. Altier's claims against Mr. Bond, as well.

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