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Disciplinary Actions - 7/21

July 21, 2010
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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.

License revocation
Christopher A. Atkinson, Indiana Attorney No. 26769-41, was conditionally admitted to the Indiana bar on May 21, 2007. Because Atkinson did not abide by the terms of his conditional admission, his license to practice law in Indiana has been revoked, effective with the July 6, 2010, Supreme Court order.

The Indiana State Board of Law Examiners permitted his admission pursuant to a consent agreement, which Atkinson signed May 16, 2007, that conditioned his law license on, among other things, his entering into and complying with a monitoring agreement with the Judges and Lawyers Assistance Program. The consent agreement – which was to remain in effect for two years – also required Atkinson to submit quarterly reports from JLAP to the BLE by Sept. 30, Dec. 31, March 31, and June 30 showing his compliance with the terms of the consent and monitoring agreements.

Less than three months after signing the consent agreement, Atkinson placed his law license on inactive status, see Ind. Admis. and Disc. R. 2(c), and then sent a letter to the BLE informing it that he had decided to place his license on inactive status and to withdraw from JLAP monitoring “based on economic necessity.”

On Sept. 21, 2007, the BLE denied Atkinson permission to be relieved from his obligation to fulfill JLAP’s requirements and notified him to that effect. Despite the BLE’s rejection of his plan, Atkinson did not continue with his JLAP requirements or submit quarterly reports.

In spring 2008, Atkinson contacted JLAP about the possibility of reactivating his license and getting into compliance with the monitoring agreement. He sent a letter April 8, 2008, to the BLE acknowledging his mistakes and sought renewal of the consent agreement.

After consideration of the request, the BLE sent Atkinson an amended consent agreement offering to continue his conditional admission for an additional two years. However, he never responded to the board’s offer, nor did he ever again contact JLAP.

The BLE filed a petition May 18, 2010, with the Supreme Court seeking revocation of Atkinson’s conditional admission and for the court to prohibit Atkinson from seeking admission for a period of five years. Atkinson filed a response June 17; however, it did not contest any of the allegations made in the BLE’s petition. Rather, the court wrote, he asserted he should be permitted to withdraw permanently from the practice of law. The BLE filed a motion for permission to respond.

After consideration, the court revoked the license and Atkinson shall not submit a new application for admission to the Indiana bar for five years. The court also ruled Atkinson “cannot avoid the revocation of his conditional admission by submitting an affidavit of permanent withdrawal,” and rejected said withdrawal. The court also denied the BLE’s motion for permission to reply to applicant’s response to the BLE’s petition.

Private reprimand
The Indiana Supreme Court approved July 1, 2010, a statement of circumstances and conditional agreement for discipline for a private reprimand for an anonymous respondent. He violated Ind. Prof. Cond. R. 5.3.

The respondent, who was admitted to the Indiana bar in 1980, was assigned by the state public defender as an independent contractor to represent a client in a post-conviction relief proceeding. With the client’s consent, he entered into an agreement with a nonlawyer inmate in the same facility where the client was incarcerated under which the inmate would assist in researching and preparing a PCR petition for the client. In exchange, respondent agreed to represent the inmate in his own PCR proceeding.

Mitigating facts are respondent has no disciplinary history, he cooperated with the commission, and he has a good reputation in the area of law in which he practices.

The court noted that had the matter not been submitted with an agreement, the discipline would likely be more severe. The court also wrote that respondent’s misconduct occurred more than a decade ago and that his record in nearly 30 years of practice is “otherwise unblemished.”•

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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