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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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