Attorneys get public reprimand

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In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties. The high court also ruled that an attorney's duty to produce documentation in complying with the duty to render a full accounting to a client includes a full accounting of the attorney's billing statements, including hours spent under hourly contracts.

In the case In the matter of Kevin W. Marshall; In the Matter of C. Jerome Smith, No. 45S00-0606-DI-218, the justices found attorneys Kevin Marshal and C. Jerome Smith, partners in the same firm, violated Professional Conduct Rule 1.15(b) (2004) by failing to promptly release to a client the funds he was owed. The Supreme Court imposed a public reprimand.

Marshall and Smith's client retained Marshall to bring a suit against two insurance carriers. Under the first contract he signed, the client was billed $150 an hour but no further payments were required if the lawsuit was unsuccessful. Marshall told the client in 2004 that he'd have to win at least $300,000 in a jury verdict to cover his legal expenses and had a new contingent contract drawn up. The second contract gave the firm one-third of the gross recovery.

The client received a jury verdict of $1 million; the client was owed $562, 235.62. The client didn't receive a prompt payment and asked for Marshall's billing hours statements. Marshall refused to provide those. Nearly six months after the verdict, the client received the amount he was owed.


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"