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Disciplinary Actions 8/28/13

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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.

Suspension
Douglas S. Followell, of Sullivan, has been suspended from the practice of law for a period of not less than 150 days, without automatic reinstatement, beginning Sept. 27, 2013.

Followell was on probation imposed by the Indiana Supreme Court in 2009, with monitoring by the Indiana Judges and Lawyers Assistance Program, as a result of his conviction of three alcohol-related crimes that year. The court order provided that violation of the probation would result in the commission filing a motion to revoke the probation and request that Followell actively serve a 180-day suspension (30 days actively served) that had been stayed subject to the completion of probation. In May 2012, Followell was convicted of driving under the influence in Florida. On May 9, the commission filed a verified motion to revoke Followell’s probation, pursuant to Admission and Discipline Rule 23(17.2)(a), asserting his arrest and conviction violated the conditions of his probation.

Jeremy S. Brenman, of Bloomington, has been suspended from the practice of law, effective immediately, for noncooperation with the Disciplinary Commission. On May 2, the Indiana Supreme Court ordered Brenman, who is already under suspension orders, to show cause why he should not be suspended for failure to cooperate with the investigation of a grievance filed against him. Brenman did not respond within 10 days of service of the order. The order also includes reimbursement to the commission of $512.22 by Brenman for the costs of prosecuting the proceeding.

Patricia S. Beecher, of Gary, has been suspended from the practice of law, effective immediately, due to disability, pursuant to Admission and Discipline Rule 23(25). In addition to the Verified Petition to Determine Disability submitted by the Disciplinary Commission prior to suspension, Beecher had submitted an Affidavit of Consent to Disability Suspension.

Dan J. May, of Kokomo, has been suspended from the practice of law for 60 days, beginning Sept. 27, 2013. At the conclusion of the suspension, provided there are no other suspensions in effect, May will be automatically reinstated, subject to the conditions of Admission and Discipline Rule 23(4)(c). Costs of the proceeding are also assessed against May.

The suspension stems from May’s actions following a hearing in a divorce case. He grabbed his client by the arms, pushing him in a way that caused him to be bent backward over the courtroom rail. May was charged with battery and entered into a pre-trial diversion agreement with the prosecutor.

Resignation
The resignation from the Indiana bar of Shane E. Beal, of Marion, has been accepted, effective immediately, by the Indiana Supreme Court. Beal is ineligible to petition for reinstatement for five years from the Aug. 14, 2013, order date. The order states that the egregious misconduct charged in the verified complaint would have resulted in permanent disbarment had Beal not chosen voluntary resignation from the bar, and if he seeks reinstatement the misconduct admitted in his affidavit of resignation, as well as any other allegations of misconduct, will be addressed in the reinstatement process.

Any attorney disciplinary proceedings pending against Beal were dismissed as moot because of his resignation, and the costs of the proceeding are assessed against him.

The resignation from the Indiana bar of William R. Wallace III, of Princeton, has been accepted, effective immediately, by the Indiana Supreme Court. Wallace is ineligible to petition for reinstatement for five years from the Aug. 14, 2013, order date. The order states that the egregious misconduct charged in the verified complaint would have resulted in permanent disbarment had Wallace not chosen voluntary resignation from the bar, and if he seeks reinstatement the misconduct admitted in his affidavit of resignation, as well as any other allegations of misconduct, will be addressed in the reinstatement process.

Any attorney disciplinary proceedings pending against Wallace were dismissed as moot because of his resignation, and the costs of the proceeding are assessed against him.•
 

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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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