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Attorney in contempt for violating suspension

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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.

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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