ILNews

Disciplinary Actions - 9/1

September 1, 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.

Private reprimand
In the Matter of: Anonymous, the Indiana Supreme Court privately reprimanded a Delaware County attorney for violating Ind. Prof. Cond. R. 1.9(c)(2), according to an Aug. 27, 2010, per curiam opinion.

The attorney represented an organization that employed “AB,” which is how the attorney became acquainted with her. AB and her husband were involved in an altercation, police were called, and her husband claimed AB threatened to harm him. A month later AB called the attorney, told her about the allegation, and that she had separated from her husband. In a second phone call later that month, AB asked the attorney for a referral to a family law attorney, which included the name of an attorney in the respondent’s firm.

AB retained that attorney and filed a divorce petition; the couple later reconciled and AB requested the petition be dismissed, which ended the firm’s representation of her.

When socializing with friends after this, one of which was also a friend of AB, the respondent told them about AB’s filing for divorce and her husband’s accusation. The respondent didn’t know AB had reconciled with her husband. The attorney also encouraged AB’s friend to contact AB because she was concerned. When AB learned what the attorney had said, she filed a grievance.

In mitigation, the attorney has no disciplinary history and was cooperative with the Disciplinary Commission. There were no aggravating factors.

The respondent argued to the hearing officer that AB initially gave her the information at issue to seek personal rather than professional advice, so the information wasn’t confidential and her later relationship with the firm didn’t change its nature. But the information was disclosed not long before the second phone call in which AB wanted an attorney referral, and she became at prospective client under Rule 1.18, which required confidentiality.

It also doesn’t matter that AB told this same information to some of her co-workers or that the information at issue could be discovered by searching various public records and the Internet, the court noted.

“True, the filing of a divorce petition is a matter of public record, but Respondent revealed highly sensitive details of accusations AB’s husband made against her to the police. There is no evidence that this information was contained in any public record,” the justices wrote. “An attorney has a duty to prospective, current, and former clients to scrupulously avoid revelation of such information, even if, as may have been the case here, the attorney is motivated by personal concern for the client.”•

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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