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Disciplinary Actions - 11/9/12

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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.

Public reprimand
Martin A. McCloskey, of Elkhart County, has been publicly reprimanded by the Indiana Supreme Court, per an Oct. 24 order. The reprimand is due to his handling of an appeal and petition seeking relief under 28 U.S.C. Section 2255 for D.H. in 2007. McCloskey had no experience with either procedure. The appeal was dismissed in 2008 and D.H.’s daughter terminated McCloskey’s representation before the Section 2255 petition was filed.

McCloskey had no disciplinary history, was cooperative with the disciplinary commission, and has a practice of refunding any unused portion of any advanced payment.

The justices found he violated Ind. Professional Conduct Rules 1.1: failure to provide competent representation; 1.3: failure to act with reasonable diligence and promptness; 1.5(a): charging an unreasonable fee; and 3.2: failure to expedite litigation consistent with the interests of a client. The costs of the proceeding are assessed against McCloskey.

Suspension
Anna E. Fulkerson, of Allen County, has been suspended without automatic reinstatement after the Indiana Supreme Court revoked her probationary reinstatement to the practice of law, per an Oct. 18 order.

Fulkerson was suspended without automatic reinstatement in October 2009; she petitioned for reinstatement in October 2010, which was granted in 2011 subject to completion of at least two years of probation on terms determined by the Judges and Lawyers Assistance Program.

The disciplinary commission sought to have her probation revoked this year, alleging that she materially violated terms of the JLAP monitoring agreement, including not participating in monthly therapy sessions or signing a release to allow JLAP staff to obtain a report from her pain management specialist.

Fulkerson responded that she had been laid off from her minimum wage job, is seeking a job, and cooperates with JLAP on areas that do not involve financial obligations. The justices imposed the suspension after finding that she did not sign the release for JLAP to contact the pain management specialist. The suspension begins Nov. 30, and the costs of the proceeding are assessed against her.

Janice R. Gambill, of Porter County, has had her suspension date moved to Nov. 26, 2012, per an Oct. 18 order from the Supreme Court. She sought to stay the execution of the disciplinary action and reconsideration of her suspension. The justices ordered Gambill suspended for no less than six months, without automatic reinstatement, beginning Oct. 19.

Gambill was disciplined over her representation of a client in a legal malpractice action. Any response by the disciplinary commission to her motion to reconsider had to be filed by Nov. 5.•

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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