ILNews

Disciplinary Actions - 11/23/12

IL Staff
November 21, 2012
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Indiana Lawyer Disciplinary Actions

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Suspension
Kjell P. Engebretsen, of Boone County, has been suspended for at least three years because his repeated misconduct has “injured his clients” and “tarnished the reputation of the legal profession.” Engebretsen had two suspensions still in effect when the Indiana Supreme Court issued this latest suspension Oct. 29. The Indiana Supreme Court Disciplinary Commission filed a complaint against Engebretsen in November 2011, which alleged misconduct that occurred from 2006 through 2011. He’s accused of neglecting clients’ cases, failing to inform clients that his medical problems would severely limit his ability to represent them, failing to refund unearned fees, and other charges.

Engebretsen did not respond to the complaint. Judge Thomas G. Fisher, who was appointed to hear the case, found five facts in aggravation, including that the attorney’s misconduct severely damaged the public’s perception of attorneys and caused great harm to his clients, and that he has shown no remorse and displayed indifference to paying restitution.

Three justices found Engebretsen violated nine rules of professional conduct, including engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, and failure to keep a client reasonably informed about the status of a matter. His suspension is effective immediately and is without automatic reinstatement. The costs of the proceeding are assessed against him.

Justice Steven David dissented, believing Engebretsen should be disbarred.

Proceeding stayed
Charlie P. White, of Marion County, has had his disciplinary proceedings stayed by the Indiana Supreme Court per a Nov. 1 order. The former secretary of state sought the stay pending resolution of the appeal of his criminal charges. His law license, which was suspended in May, remains suspended.

The justices entered the interim suspension earlier this year after White was convicted of several felonies following a trial in Hamilton County on voter fraud charges. The Indiana Supreme Court Disciplinary Commission didn’t object to the requested stay “in the interests of judicial economy,” according to the order.

Justice Mark Massa did not participate in the decision.•

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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