ILNews

Disciplinary actions 11/23/11

IL Staff
November 23, 2011
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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

James E. Chovanec of Cass County has been suspended from the practice of law for 12 months, without automatic reinstatement, beginning Dec. 12, 2011. An order dated Nov. 10, 2011, approved a statement of circumstances and conditional agreement for discipline and found Chovanec violated Indiana Professional Conduct Rules 3.3(a) knowingly making false statements to a tribunal; 3.4(c) knowingly disobeying an obligation under the rules of a tribunal; 5.3(b) failure to make reasonable efforts to ensure that the conduct of a nonlawyer employee over whom the lawyer has direct supervisory authority is compatible with the professional obligations of the lawyer; and 5.3(c) ordering or ratifying the misconduct of nonlawyer assistants or failing to take reasonable remedial action with respect to the misconduct of nonlawyer assistants under the lawyer’s supervision. Chovanec, who represented debtors in bankruptcy matters, had his secretary sign his name on documents despite Bankruptcy Rule 9011(a) and (b) that requires an attorney of record to sign most court documents and to make certain certifications about the fillings. His secretary mistakenly filed a petition in the Northern District of Indiana, and she then signed and filed a motion to dismiss. Chovanec failed to appear at the motion hearing to consider the dismissal and at two subsequent hearings to show cause why he shouldn’t be held in contempt. In September 2005, the judge found him in contempt and fined him $1,000, prohibiting him from filing any more bankruptcies in the Northern District until he petitioned for restatement before the chief judge. The following day, Chovanec filed 10 more bankruptcy petitions in that District and the judge issued another show cause order. Chovanec obtained limited reinstatement prior to the scheduled hearing, but the lawyer failed to appear and the bankruptcy judge again found Chovanec in contempt and prohibited him from representing anyone in the Northern District until he paid a $500 fine and successfully petitioned for reinstatement. A conditional agreement for discipline found Chovanec cooperated with the disciplinary process and that this case was “precipitated primarily by Respondent’s lack of training and supervision of his staff rather than an intentional plan to deceive the court.” But in aggravation, the parties cited Chovanec’s past two disciplinary matters from 1994 and 1998, when he received a 30-day suspension and 12-month suspension respectively. Justices Brent Dickson and Robert Rucker agreed with the 12-month suspension, while Justice Frank Sullivan wrote that he concurred only because of the conditional agreement. If not for that submitted disciplinary action, he would have voted for more severe sanction. Chief Justice Randall Shepard and Justice Steven David dissented, believing the agreed discipline is insufficient.

Suspension Converted

Timothy A. Doyle of Marion County has had his suspension for noncooperation with the disciplinary process converted to an indefinite suspension. The Indiana Supreme Court issued an order Nov. 1, 2011, that found more than six months had passed since Doyle was suspended for noncooperation, following a March 18, 2011, order. The indefinite suspension took effect immediately. To be readmitted to practice law, Doyle must cure the causes of all suspensions in effect and successfully petition the court for reinstatement.

Resignation
Thomas P. Burke of Hamilton County resigned from the bar effective Nov. 1, 2011. The Indiana Supreme Court accepted his resignation and concluded the disciplinary proceeding against Burke. He must fulfill the duties under Admission and Discipline Rule 23(26), and Burke will be ineligible for reinstatement for five years.•
 

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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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