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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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