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Company hit with class action suits

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Indiana Lawyer Rehearing

Two class action lawsuits have been filed against an Indianapolis firm that had offered estate planning services to people. Now, the Indiana Supreme Court is considering what happens next against the company it found a year ago had engaged in the unauthorized practice of law.

At the heart of the issue is United Financial Systems, which lost its license to operate because of an order by the state’s insurance commissioner Jan. 28. That suspension stemmed from a targeted market conduct examination the state agency began last fall and the company’s failure to submit payments. Following an Indiana Supreme Court decision last year and the company’s subsequent license suspension, there has been a growing storm against United Financial.

In State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, filed by the Indiana State Bar Association in 2008, the Supreme Court ruled in April 2010 that the company had engaged in UPL based on how it offered estate planning services. The court ordered that customers be notified and reimbursed, but that didn’t happen and the state’s justices in December again ordered the company to notify and refund money to those it had sold estate planning services.

The justices in January appointed former Monroe Circuit Judge Viola Taliaferro as commissioner, and after three meetings between parties she found on March 28 that United Financial had failed without good cause to pay refunds to 346 customers. The company had 15 days from the date of that order to issue refunds to those individuals.

But the two lawsuits pick up where the ISBA suit left off. The first lawsuit, Donald A. Bonnell and Wayne L. Landes v. United Financial Systems Corporation, No. 25C01-1101-PL-00051, was filed in January in Fulton County by Logansport law firm Starr Austen & Miller. A second suit is Richard L. Kennard v. United Financial Systems Corporation, No. 49C01-1103-PL-010470, filed March 16 in Marion County by law firm Cohen & Malad. The suits allege constructive fraud, contractual claim violations, conversion, and disgorgement of fees due to UPL.•

Rehearing "Court orders refunds in estate planning UPL case" IL Jan. 5-18, 2011

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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