ILNews

Disciplinary Actions - 11/9/11

IL Staff
November 9, 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
Patrick V. Baker of Marion County has been suspended from the practice of law in Indiana for a period of not less than six months, without automatic reinstatement, beginning Nov. 25, 2011. An order from the Indiana Supreme Court Oct. 21, 2011, approved a statement of circumstances and conditional agreement for discipline and found Baker violated Indiana Professional Conduct Rules 1.4(b) failure to explain a matter to the extent reasonably necessary to permit a client to make an informed decision; 1.5(a) making an agreement for, charging or collecting an unreasonable amount for expenses; 3.4(e) alluding to any matter in trial that the lawyer doesn’t reasonably believe will be supported by admissible evidence; 4.1(a) knowingly making a false statement of material fact or law to a third person in the course of representing a client; and 7.3(a) improperly soliciting employment in person from a person with whom the lawyer has no prior relationship when a significant motive is the lawyer’s pecuniary gain. Baker in 2006 visited an incarcerated man who’d been indicted for murder and agreed to represent him pro bono, despite a public defender already being appointed. Baker made opening statements about the police investigation that were false and the court found he should have known the evidence wouldn’t support the statements. After the man was found guilty and sentenced to 65 years, Baker agreed to represent him pro bono on appeal. The lawyer told the man’s mother the trial court would pay the copying and filing costs, even though he hadn’t requested funds from the court. He also gave the man’s mother briefs that weren’t properly file-stamped or had grammatical errors, and Baker convinced the mother to pay $1,500 to cover the copying and filing costs. The parties found aggravating factors: Baker’s misconduct was motivated by selfishness because he expected publicity from the case would lead to an increase in business; that he victimized three vulnerable people involved in the case; and Baker made multiple ethical violations and demonstrated a gross disregard for the professional conduct rules.

Suspension Terminated
Jacob A. Atanga of Marion County had his suspension from the practice of law for failure to cooperate in a disciplinary case terminated by the Supreme Court, as of Oct. 21, 2011. He was suspended in August for non-cooperation.

Deborah D. Kubley of Monroe County had her suspension from the practice of law for failure to cooperate in a disciplinary case terminated by the Supreme Court, as of Oct. 17, 2011. She was suspended in December 2010 for noncooperation.•
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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