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Disciplinary Actions - 8/18

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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.

Suspensions
Curtis E. Shirley of Marion County is suspended form the practice of law in Indiana for 30 days beginning Sept. 17, 2010, according to an Aug. 5, 2010, Supreme Court order approving statement of circumstances and conditional agreement for discipline. He will be automatically reinstated at the end of the suspension period if there are no other suspensions then in effect.

Shirley violated Ind. Prof. Cond. R. 1.5(a); 1.7(a)(1) and (2); 1.13(b), (f), and (g); and 1.16(a)(1). Justice Boehm did not participate in this case.

A certain “corporation” is owned and controlled by members of a large family. The matriarch of the family is elderly and incapacitated. Her son “AB” controlled the day-to-day operations of the business. There are six other siblings with interests in the corporation. In 2001, AB consulted with Shirley about voting control of the corporation and related matters. Thereafter, AB, with the advice and assistance of Shirley, took various actions to obtain and exercise sole control of the corporation, including obtaining his mother’s signature on stock transfers, removing his siblings from the corporation’s board of directors, terminating two siblings from employment with the corporation, and defending against suits brought against him by his siblings. This occurred during a period of several years, during which Shirley purported to represent the interests of both AB and the corporation.

Shirley collected “substantial attorney fees” from the corporation. He agreed the fees were unreasonable because he did not obtain the knowing consent of necessary principals of the corporation to his simultaneous representation, and the corporation paid for a considerable amount of legal work that most likely accrued to AB’s sole benefit. The corporation filed suit against AB and Shirley to recover the fees paid to Shirley; the suit was settled with a confidential agreement for an undisclosed amount.

There were no aggravating factors. Mitigating facts were Shirley has no prior discipline; he has an extensive history of public service, including representing many clients pro bono; and the corporation recovered a satisfactory amount of the attorney fees paid to him.

“From the beginning of Respondent’s involvement with the Corporation, it should have been apparent that AB’s personal interests were at very least potentially adverse to those of the Corporation,” the court wrote. The court also noted the discipline would have been more severe had the matter been submitted without an agreement.

Richard S. Tebik of Lake County was suspended from the practice of law in Indiana Dec. 17, 2009, for failing to cooperate with the Disciplinary Commission regarding a grievance filed against him. The suspension has been converted to an indefinite suspension for continued noncooperation with the disciplinary process, according to an Aug. 4, 2010, Supreme Court order. To be readmitted to the practice of law in Indiana, Tebik must petition the Supreme Court for reinstatement.

Ronald J. Freund of Madison County was suspended from the practice of law in Indiana Dec. 22, 2009, for failing to cooperate with the Disciplinary Commission regarding a grievance filed against him. The suspension has been converted to an indefinite suspension for continued noncooperation with the disciplinary process, according to an Aug. 4, 2010, Supreme Court order. To be readmitted to the practice of law in Indiana, Freund must petition the Supreme Court for reinstatement.

Samuel L. Bolinger of Allen County is suspended from the practice of law in Indiana for 30 days beginning Sept. 10, 2010, according to a Supreme Court order approving statement of circumstances and conditional agreement for discipline. At the conclusion of the suspension – if there are no other suspensions in effect – he shall be automatically reinstated to the practice of law.

The court noted the discipline it would impose would likely have been more severe had the matter been submitted without an agreement; however, the court wrote it desires to “foster agreed resolutions of lawyer disciplinary cases.” All the justices concurred except Chief Justice Shepard and Justice Boehm, who dissented because they believed the discipline to be inadequate.

Bolinger violated Ind. Prof. Cond. R. 8.4(c).

Bolinger represented a plaintiff in a civil action in which discovery issues arose. He told the client of the necessity of responding to the discovery requests, often in face-to-face meetings, according to court documents. Bolinger documented these discussions with informal notes. Eventually the court entered a default judgment against the client as a sanction for his failure to comply with a motion to compel discovery. When the client accused Bolinger of failing to respond to discovery requests, Bolinger told his secretary to prepare a series of backdated letters to the client to reflect his earlier advice to the client to respond to the discovery requests. The letters falsely conveyed that they were mailed on prior dates. The letters were sent to the client but never used in any court proceeding.

Mitigating factors are Bolinger has no prior discipline, he cooperated with the commission, and his conduct caused no direct harm to the client.

Patrick G. Boulac of St. Joseph County is suspended pendente lite from the practice of law in Indiana upon notice of a guilty finding, effective with the Aug. 2, 2010, Supreme Court order.

Boulac was found guilty of resisting law enforcement, a Class D felony. The suspension shall continue until further order of the Supreme Court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

The court noted he is already suspended under a different cause, No. 71S00-0701-DI-45, effective Jan. 5, 2010.

Ernest M. Beal Jr. of Allen County is suspended pendente lite from the practice of law in Indiana upon notice of a guilty finding, effective with the Aug. 2, 2010, Supreme Court order.

Beal was found guilty of theft, a Class D felony. The suspension shall continue until further order of the Supreme Court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

The court noted he is already suspended for failure to pay inactive dues, effective June 8, 2010.

Ronald D. Gifford of Marshall County is suspended pendente lite from the practice of law in Indiana upon notice of a guilty finding, effective with the Aug. 2, 2010, Supreme Court order.

Gifford was found guilty of theft, a Class D felony. The suspension shall continue until further order of the Supreme Court or final resolution of any resulting disciplinary action, provided no other suspension is in effect.

The court noted he is already suspended under a different cause, No. 50S00-0806-DI-310, effective Nov. 14, 2008.

Ronald D. Harris of Clark County is suspended from the practice of law in Indiana effective with the Aug. 2, 2010, Supreme Court order imposing reciprocal discipline.

Harris, who was admitted to practice law in Indiana and Kentucky, was found by the state of Kentucky to have violated that jurisdiction’s rules of professional conduct and was suspended for 61 days. He did not respond to an Indiana Supreme Court order to show cause why he shouldn’t receive reciprocal discipline.

The court noted he is already suspended in Indiana in a different cause, No. 10S00-0811-DI-606, effective March 3, 2009. He also is already under another suspension in Kentucky as well.

If Harris is reinstated to practice in Kentucky, he may file for reinstatement in Indiana provided there is no other suspension order in effect.

Mark A. Ryan of Howard County is suspended from the practice of law in Indiana, effective with the Aug. 2, 2010, Supreme Court order for failure to cooperate with the Disciplinary Commission’s investigation of a grievance filed against him.

The suspension shall continue until the executive secretary of the Disciplinary Commission certifies to the Supreme Court that Ryan has cooperated fully with the investigation, the investigation or any related disciplinary proceedings that may arise from the investigation are disposed, or until further order of the Supreme Court. He also is ordered to reimburse the commission $521.72 for the costs of prosecuting this proceeding.•

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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