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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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  2. 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.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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