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Disciplinary Actions -1/5/11

January 5, 2011

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Suspension
Daniel C. McCarthy of Johnson County was suspended from the practice of law for a period of not less than 30 days in a Supreme Court order filed Dec. 21, 2010. The suspension begins Jan. 28, 2011. McCarthy violated Professional Conduct Rule 8.4(g) which prohibits engaging in conduct, in a professional capacity, manifesting bias or prejudice based upon race, unless the conduct constitutes legitimate advocacy. McCarthy used a “derogatory racial insult” in an e-mail concerning a legal matter. Because he denied committing any misconduct, has offered no apology or other indication of remorse, and has a prior disciplinary suspension, the court concluded that a suspension was warranted and that McCarthy should go through the reinstatement process to prove his understanding of his ethical duties and remorse before resuming practice.

Twelve Indiana attorneys were suspended from the practice of law by the Indiana Supreme Court in an order filed Dec. 20, 2010. The lawyers were suspended for remaining delinquent regarding compliance with certain continuing legal education requirements for the period ending Dec. 31, 2009. The lawyers suspended either failed to meet the extended deadlines to complete their CLE and/or they didn’t pay applicable delinquency fees, or they resumed active status less than one year after having assumed inactive status. Suspensions for the following are effective immediately: Herbert L. Segal (Louisville, Ky.); Gary D. Sallee (Fishers, Ind.); Joseph L. Hardesty (Louisville, Ky.); William L. Nie (Columbus, Ind.); Amy G. Grogan (Elmhurst, Ill.); Jason D. Bray (Maitland, Fla.); Apexa Patel (Fort Wayne, Ind.); Marc J. Moss (Carmel, Ind.); Christopher M. Nixon (Conifer, Colo.); Andrew R. Choate (Bargersville, Ind.); Jennifer L. Vaughn (Chicago, Ill.); Lin Lin C. Ding (Shanghai, China).

Public reprimand
Stephen A. Kray of LaPorte County received a public reprimand in a Supreme Court order filed Dec. 17, 2010. In his representation of a client in a dissolution case, Kray violated Indiana Professional Conduct Rules 1.4(b) failure to explain a matter (the basis of his fee) to the extent reasonably necessary to permit a client to make informed decisions; 1.5(b) failure to communicate the basis or rate of the fee for which a client will be responsible; 1.5(d) entering into a contingent fee agreement in a dissolution case; and 1.15(a) failure to deposit legal fees paid in advance into a client trust account. In its order, the Supreme Court indicated that Kray was cooperative, accepted responsibility for his actions, and has become more knowledgeable about the issues involved and has taken steps to revise his fee agreements.•

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