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Disciplinary Actions - 3/2/11

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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.

Resignation
Ernest M. Beal Jr. of Allen County has resigned from the Indiana bar. Beals resignation was accepted effective immediately in a Supreme Court order filed Feb. 10, 2011. Beals is ineligible to petition for reinstatement to the practice of law in Indiana for five years.

Suspension
Patrick K. Rocchio of Branch County, Mich., has been suspended from the practice of law in Indiana for a period of not less than 180 days, without automatic reinstatement, in a Supreme Court per curiam filed Feb. 11, 2011. The suspension was effective immediately. According to the court, Rocchio violated Indiana Professional Conduct Rule 7.2(c)(3) and (d)(2) by including in a public communication a statement intended or likely to create an unjustified expectation and statistical data or other information based on past performance or prediction of future success; Rule 7.3(c) by using a written solicitation for professional employment without labeling it as “Advertising Material” and filing it with the commission; and Rule 5.5(b)(2) by falsely representing on his websites that he was licensed to practice law in Indiana when his license was inactive.

In its order, the court stated that this attorney misconduct, standing alone, would warrant a sanction in the lowest range. However, it said Rocchio’s conduct during the disciplinary process demonstrated his inability to recognize his clear violations of Indiana’s disciplinary rules, his contempt for those rules and the process, and his lack of appreciation for the role of the court hearing officer and the disciplinary commission members and staff.

Public reprimand
Heather McClure O’Farrell of Hamilton County has received a public reprimand in a Supreme Court per curiam filed Feb. 11, 2011. The court concluded that by charging nonrefundable flat fees, O’Farrell violated Indiana Professional Conduct Rule 1.5(a) which prohibits making agreements for and charging unreasonable fees.•

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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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