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Disciplinary actions - 5/8/13

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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
David E. Schalk, of Monroe County, has been suspended for at least nine months by the Indiana Supreme Court, per an April 15 order. The justices found Schalk violated Indiana Professional Conduct Rules 8.4(b) by committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer; and 8.4(d) by engaging in conduct prejudicial to the administration of justice.

Schalk illegally attempted a drug sting without the assistance of law enforcement in order to impeach a witness’s credibility at his client’s trial. Schalk was found guilty of Class A misdemeanor attempt to possess marijuana, which was upheld by the Indiana Court of Appeals in 2011.

His suspension begins May 24 and he must petition for reinstatement. The costs of the proceeding are assessed against Schalk.

Bruce A. Carr, of Porter County, has been suspended indefinitely by the Indiana Supreme Court, per an April 19 order. Carr is admitted to practice in Indiana and Illinois and was suspended from practice in Illinois for nine months beginning Dec. 10, 2012. The reciprocal discipline took effect April 19 and the costs of the proceeding are assessed against Carr. If he is reinstated in Illinois, he may file a motion to be reinstated in Indiana.

Mark E. Watson, of Vigo County, has been suspended for at least 18 months by the Indiana Supreme Court, per an April 19 order. Watson admitted to five counts of misconduct occurring from 2009 to 2011, including making unauthorized charges for personal use of the law firm’s credit card and converting client funds. Watson has violated Indiana Professional Conduct Rules 8.4(b) by committing criminal conversion, and by committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; and 8.4(c) by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

His suspension begins May 31 and he must petition for reinstatement. The costs of the proceeding are assessed against Watson. Chief Justice Brent Dickson dissented, believing the agreed punishment is insufficient in light of the admitted misconduct.

Dismissal
The Indiana Supreme Court entered judgment for Robert L. Canada, of Vanderburgh County, in a disciplinary case pending against the attorney in an April 26 order. The Disciplinary Commission alleged that Canada violated Indiana Professional Conduct Rules 1.5(a): making an agreement for, charging, or collecting an unreasonable fee; and 1.16(d): failure to refund fees that have not been earned.

A client hired Canada to represent him on a charge of Class A felony conspiracy to commit dealing in methamphetamine. They agreed to a flat fee of $10,000 to be paid from a cash bond. After being offered a plea agreement to a Class B felony, the client hired a different attorney to try to get a better plea. Canada withdrew as attorney, and the trial court later released $10,000 of the cash bond for his fee.

The hearing officer concluded that the fee agreement was reasonable. The justices concluded that the Disciplinary Commission didn’t prove by clear and convincing evidence that Canada did not fully earn his flat fee.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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