ILNews

Attorney in contempt for violating suspension

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court fined an attorney for being in contempt of court for work he performed for clients while he was suspended. The justices noted that while they haven't attempted to provide a comprehensive definition of what constitutes the practice of law, they found some of the activities the attorney admitted to performing to constitute the practice of law.

Douglas Patterson was suspended in June 2008 for engaging in attorney misconduct for conversion of client funds, deceit in concealing his misconduct, and dishonesty with the Indiana Supreme Court Disciplinary Commission. The Supreme Court suspended him for a period of no less than three years beginning July 31, 2008

In the April 30 order posted online June 19, In the Matter of Douglas W. Patterson, No. 82S00-0402-DI-90, the Supreme Court decided Patterson's review of a proposal to unsecured creditors of his client was not a routine transaction. Patterson worked with a couple who owned two corporations on Chapter 11 bankruptcy petitions in 2008. Even though a new attorney entered an appearance for the corporations after Patterson's suspension, he continued to perform some work on the bankruptcy. He admitted to proofreading the proposal with regards to the couple's exemption rights, making sure the proposal's description of the bankruptcy process was accurate, and advising the couple the proposal offered unsecured creditors with more than they would receive if they filed for personal bankruptcy.

The Supreme Court found those actions to constitute the practice of law under the circumstances of this case. And although the high court hasn't provided a comprehensive definition of what constitutes the practice of law, Patterson's actions in this case caused him to be in contempt of court. Citing previous caselaw and disciplinary actions, the justices explained the core element of practicing law is giving legal advice to a client. The practice of law also includes making it one's business to act for others in legal formalities, negotiations, or proceedings. Non-attorneys also may not give advice or opinions as to the legal effects of the instruments they prepare or the legal rights of the parties.

Because Patterson's violation of his suspension appeared to be limited to this transaction, the justices concluded a $500 fine was the appropriate discipline. They also noted they will take this incident into consideration if Patterson seeks reinstatement to the practice of law.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

ADVERTISEMENT