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Disciplinary Actions - 2/2/11

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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.

Reinstatement
Marc C. Laterzo of Lake County has been conditionally reinstated as a member of the Indiana bar in a Supreme Court order filed Jan. 10, 2011. He has been placed on probation by the Supreme Court Disciplinary Commission for a period of no less than one year with the conditions that he (1) continues counseling and other conditions to be determined by the Indiana Judges and Lawyers Assistance Program; (2) does not violate the terms of the JLAP monitoring agreement, the law, or the Rules of Professional Conduct; and (3) if he violates his probation, the commission may petition to revoke his probation and request his suspension be reimposed without automatic reinstatement.

Suspension
F. Scott Stuard of Clinton County has been suspended from the practice of law in a Supreme Court order filed Jan. 14, 2011. The suspension is effective Feb. 25 and will run for 60 days with automatic reinstatement. The court found that Stuard violated Indiana Professional Conduct Rules 1.3: failure to act with reasonable diligence and promptness; 1.4(a)(3): failure to keep a client reasonably informed about the status of a matter; 1.4(b): failure to explain a matter to the extent reasonably necessary to permit a client to make informed decisions; 1.8(h)(2): settling a malpractice claim with an unrepresented client without advising the client in writing of the desirability of seeking advice from independent counsel; and 8.4(c): engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.•

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  3. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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