Court suspends attorney for 30 days

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court has imposed a 30-day suspension against an Indianapolis attorney who was one of nearly three dozen people to recently apply for an opening on the state’s highest court.

Justices issued an order Thursday in the disciplinary action In the Matter of Curtis E. Shirley, No. 49S00-0712-DI-581, which was filed in late 2007 following several years of litigation where the conduct occurred. All but Justice Theodore R. Boehm participated in the action, suspending the attorney who’s been practicing since 1991.

The action stems from Shirley’s representation of a family-owned corporation years ago that led to internal disputes and conflicting representations, according to the Supreme Court order. The corporation was owned and controlled by members of a large family, which included an “elderly and incapacitated” matriarch, her son “AB” who controlled the day-to-day business operations, and six other siblings with interests in the corporation. In 2001, AB consulted with Shirley about voting control of the corporation and other issues, the order says. He then used that legal advice to obtain and exercise control, getting his mother’s signature on stock transfers, removing his siblings from the company’s governing board, terminating two from employment at the corporation, and defending suits brought against him from those siblings.

During the course of those proceedings, Shirley sought to have the corporation held in contempt of court despite his representing and collecting fees from the corporation.

“Respondent now agrees that these fees were unreasonable because he did not obtain the knowing consent of necessary principals of the Corporation to his simultaneous representation of the Corporation and AB, and the Corporation paid for a considerable amount of legal work that most likely accrued to AB’s sole benefit,” the order says. “The Corporation filed suit against AB and Respondent to recover the fees paid to Respondent, which suit was settled with a confidential agreement for an undisclosed amount.”

Specifically, Shirley was charged and found to have violated various provisions within the Indiana Professional Conduct Rules: 1.5(a) on charging an unreasonable fee; 1.7(a) and (b) in representing a client when the representation might be adverse to another client or be materially limited by the other client responsibilities; 1.13(b) on failing to proceed as reasonably necessary in the best interests of a represented organization if the lawyer knows someone associated with that organization is engaged in potentially harmful activity; 1.13(d) on failing to explain the identity of a client when it’s apparent the organization’s interests are adverse to those of the constituent; 1.13(e) on representing an organization and one of its constituents without obtaining consent from an appropriate official; and 1.16(a)(1) on failure to withdraw as counsel when representation will result in a violation of the conduct rules.

In determining the penalty and approving the agreement, the court found that Shirley has had no prior disciplinary actions, he has an extensive history of public service to charitable organizations and the bar that includes many pro bono clients, and that the corporation recovered a satisfactory amount of the attorney fees paid to him.

“From the beginning of (his) involvement with the Corporation, it should have been apparent that AB’s personal interests were at very least potentially adverse to those of the Corporation,” Chief Justice Randall Shepard wrote. “The actual conflict of interest that arose should have been apparent. Respondent’s ethical violations extended over several years to the considerable detriment of the Corporation. The discipline the Court would impose for Respondent’s misconduct would be more severe than the parties propose had this matter been submitted without an agreement.”

But with that agreement, Shirley’s history and a “desire to foster agreed resolutions of lawyer disciplinary cases,” the court approved and ordered the disciplinary sanction.

The suspension starts Sept. 17 for the attorney, who was one of 34 people to apply for a seat on the Indiana Supreme Court. Shirley didn’t make it past the initial round of interviews, and although he’d detailed the disciplinary action and this pending settlement agreement in his application, the matter didn’t come up during his July 7 interview before the Judicial Nominating Commission.


Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...