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Disciplinary Actions - 2/12/14

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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
Paul J. Page, of Marion County, has been suspended on an interim basis due to his 2013 conviction of felony wire fraud, per a Jan. 27 order. The interim suspension shall continue until further order of the court or final resolution of any resulting disciplinary action. Justice Mark Massa did not participate.

Stanley Kahn, of Marion County, has been suspended for six months, all stayed subject to completion of 18 months of probation, per a Jan. 17 order. Kahn was found to have violated Indiana Professional Conduct Rules 1.15(a), 1.15(c), and 5.3(b) and Guideline 9.1, as well as Admission and Discipline Rule 23(29)(a)(4). Kahn’s office manager “T.T.” transferred funds from an attorney trust account to the firm’s operating account to continue funding the operations of the law office, which was experiencing financial difficulties in 2010. Because Kahn did not monitor T.T., he did not discover these transfers until December 2011. T.T. also improperly comingled more than $150,000 in client funds into an account that holds funds to pay the firm’s end-of-year tax obligations. T.T. attempted to conceal her actions. The order notes that no clients were harmed as a result of Kahn’s misconduct.

Shante P. Henry, of Lake County, has been suspended indefinitely, per a Jan. 23 order. Henry was originally suspended in May 2013 for failure to cooperate with the Disciplinary Commission.

Joshua R. Payton, of St. Joseph County, has been suspended on an interim basis due to a felony conviction in Michigan, per a Jan. 23 order. Payton accepted a plea offer in Michigan and was found guilty of Class G felony fleeing or eluding a police officer in the fourth degree.

Jeremy S. Brenman, of Monroe County, has been suspended indefinitely per a Jan. 23 order. Brenman was originally suspended in May 2013 for failure to cooperate with the Disciplinary Commission.

Contempt
David E. Schalk, of Monroe County, has been found in contempt of court by the Indiana Supreme Court, per a Jan. 27 order. Schalk was suspended in May 2013 without automatic reinstatement for at least nine months. In September 2013, the Disciplinary Commission alleged that Schalk represented two people in a guardianship proceeding. His actions on the guardianship proceeding constitute the practice of law in violation of the suspension order. The justices imposed a $500 fine for practicing law while suspended.•

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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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