Lawyers Withdraw From Householder Case

Case: 1:20-cr-00077-TSB Doc #: 30 Filed: 08/03/20 Page: 1 of 3 PAGEID #: 1300
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNITED STATES OF AMERICA, :
Plaintiff, : CASE NO. 1:20-cr-077 (1)
vs. : JUDGE BLACK
LARRY HOUSEHOLDER, :
Defendant. :
MOTION FOR LEAVE TO WITHDRAW
David H. Thomas and Kathryn S. Wallrabenstein respectfully request this Court grant them
leave pursuant to S.D. Ohio Civ. R. 83.4(c) to withdraw as counsel for Defendant Larry
Householder in the above-captioned matter. The reasons in support of this Motion are set forth
in the following Memorandum.
Respectfully submitted,
Taft Stettinius & Hollister LLP
/s/ David H. Thomas

DAVID H. THOMAS
Ohio Supreme Court No. 0071492
P: (614) 334-6199
[email protected]
/s/ Kathryn S. Wallrabenstein

KATHRYN S. WALLRABENSTEIN
65 East State Street, Suite 1000
Columbus, Ohio 43215
P: (614) 220-0238
F: (614) 221-2007
[email protected]
Counsel for Defendant

MEMORANDUM
David H. Thomas and Kathryn S. Wallrabenstein are before this Court requesting leave to
withdraw from this matter. David H. Thomas and Kathryn S. Wallrabenstein filed notices of
appearance on behalf of Defendant Larry Householder, with David H. Thomas designated as Trial
Attorney, on July 24, 2020. Since that time, undersigned counsel have become aware good cause
exists pursuant to S.D. Ohio Civ. R. 83.4(c)(2) and Prof. Cond. Rule 1.7(a)(2) that requires them
to move to withdraw from this representation.
The definition of a conflict of interest, as set forth in the Ohio Rules of Professional
Conduct, includes:
(a) A lawyer’s acceptance or continuation of representation of a client creates

a conflict of interest if either of the following applies:
...
(2) there is a substantial risk that the lawyer’s ability to consider,
recommend, or carry out an appropriate course of action for that
client will be materially limited by the lawyer’s responsibilities to
another client, a former client, or a third person or by the lawyer’s
own personal interests.
Prof. Cond. Rule 1.7(a)(2) (emphasis in original). Lawyers must not continue representing a
client if such a conflict of interest exists, unless certain criteria are met. In this matter, those
criteria are not present and undersigned counsel are prohibiting from continuing their
representation of Larry Householder in this matter. David H. Thomas’ affidavit in support of this
Motion is attached as Exhibit A. Pursuant to S.D. Ohio Civ. R. 83.4(c)(2), a copy of this Motion
has been served upon Larry Householder. Further, undersigned counsel have informed Larry
Householder of the conflict of interest identified and described in Exhibit A and withdrawal can
be accomplished without material adverse effect on the interests of the client pursuant to Prof.
Cond. R. 1.6(b)(1).
2
David H. Thomas and Kathryn S. Wallrabenstein hereby respectfully request this Court grant
them leave to withdraw from their representation of Larry Householder in this matter.
Respectfully submitted,
Taft Stettinius & Hollister LLP
/s/ David H. Thomas

DAVID H. THOMAS
P: (614) 334-6199
[email protected]
/s/ Kathryn S. Wallrabenstein

KATHRYN S. WALLRABENSTEIN
65 East State Street, Suite 1000
Columbus, Ohio 43215
P: (614) 220-0238
F: (614) 221-2007
[email protected]
Counsel for Defendant
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing was filed with the Clerk of Court for
the United States District Court for the Southern District of Ohio using the CM/ECF system, which
will send notification of such filing to Assistant U.S. Attorneys Emily Glatfelter and Matthew
Singer, 221 E. Fourth Street, Suite 400, Cincinnati, Ohio 45202, on August 3, 2020, by electronic
mail.
The undersigned hereby certifies that the foregoing was served upon Defendant Larry
Householder, on August 3, 2020, by regular U.S. post and email pursuant to S.D. Ohio Civ. R.
83.4(c)(2).
/s/ David H. Thomas

DAVID H. THOMAS
27636579.1
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Case: 1:20-cr-00077-TSB Doc #: 30-1 Filed: 08/03/20 Page: 1 of 2 PAGEID #: 1303
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Case: 1:20-cr-00077-TSB Doc #: 30-1 Filed: 08/03/20 Page: 2 of 2 PAGEID #: 1304

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Case: 1:20-cr-00077-TSB Doc #: 30 Filed: 08/03/20 Page: 1 of 3 PAGEID #: 1300

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA, :

Plaintiff, : CASE NO. 1:20-cr-077 (1)

vs. : JUDGE BLACK

MOTION FOR LEAVE TO WITHDRAW

in the following Memorandum.

/s/ David H. Thomas

/s/ Kathryn S. Wallrabenstein

Counsel for Defendant

to move to withdraw from this representation.

(a) A lawyer’s acceptance or continuation of representation of a client creates

/s/ David H. Thomas

/s/ Kathryn S. Wallrabenstein

Counsel for Defendant

/s/ David H. Thomas

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