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Attorney disbarred for writing book about client

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The Indiana Supreme Court has ordered a Carmel attorney disbarred after finding he wrote a book revealing sensitive information about a former client for his monetary gain.

The justices released the 7-page per curiam opinion Wednesday outlining the misconduct committed by Joseph Stork Smith that warrants his disbarment, effective Aug. 28.

In 2010, Smith authored a book purporting to be a true autobiographical account of his 20-year relationship with a former client who was active in politics and at one point held a high-level job in the federal government. The two had a sexual relationship for some time during this period. He apparently wrote the book to try to recoup some of the money he claimed she owed in legal fees.

“In the book, Respondent revealed personal and sensitive information about FC that was obtained in confidence as her attorney, and its revelation had the potential of causing her public embarrassment and other injury, such as impairment of her employment opportunities. Respondent's selfish motivation in deliberately attempting to reveal this confidential information to a wide audience for monetary gain, his false statements in the book and in this disciplinary matter, and his lack of any remorse lead us to conclude that that disbarment is appropriate for Respondent's misconduct,” states the opinion, In the Matter of: Joseph Stork Smith, 29S00-1201-DI-8.

The justices found Smith violated Indiana Professional Conduct Rules 1.7: Representing a client when there is a concurrent conflict of interest due to the lawyer's personal interests without obtaining the client's informed, written consent; 1.9(c)(1): Using information relating to the representation to the disadvantage of a former client except as rules permit or require, or when information becomes generally known; 1.9(c)(2): Revealing information relating to the representation of a former client except as rules permit or require; 7.1: Making a false or misleading communication about the lawyer or the lawyer's services; 8.4(c): Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and 8.4(e): Stating or implying an ability to influence improperly a government agency or official.

Most of the rule violations stem from statements made in the book.

Smith was admitted to the bar in 1976 and prior to this action was in good standing, according to the Roll of Attorneys.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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