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Divided justices suspend attorney for 2 years

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A Hancock County attorney was suspended for two years after the Indiana Supreme Court ruled in a 3-2 opinion that he charged unreasonable fees to an elderly client, converted funds belonging to her, and was dishonest before the Indiana Supreme Court Disciplinary Commission.

Thomas E.Q. Williams was suspended for two years without automatic reinstatement effective Sept. 7, according to an order the Indiana Supreme Court released Friday. Justice Mark Massa joined Justice Frank Sullivan Jr. in a dissent in which they would have disbarred Williams.

Williams was sued in 2002 after a client, M.D., revoked power of attorney upon learning that her account at a retirement facility was past due. A trial court ruled Williams failed to properly account for the elderly client’s expenses and his services for which he fraudulently billed $93,500. The court awarded the damages against Williams of $67,292, and the disciplinary grievance was filed.

The disciplinary order notes that after the disciplinary commission filed its verified complaint against Williams, he argued for the first time that he used his client’s funds “to produce for her a gospel following her near death and other writings or perhaps publishing with M.D.’s funds since these things may be something a little different from what a usual trusted friend would do with funds.”

“Respondent's nearly complete lack of even rudimentary records of his dealings with M.D.’s property under the POA is a fact in aggravation of his professional misconduct,” according to the per curiam opinion.

“We also find the following additional facts in aggravation: (1) Respondent's groundless attacks on M.D. and others associated with her when she attempted to obtain the accounting to which she was legally entitled; (2) his dishonesty in denying under oath in this case that the funds he took from M.D. were for legal services after he repeatedly and unequivocally stated under oath in the civil suit that they were for attorney fees; and (3) his lack of remorse for any of his misconduct.”

The opinion said disbarment was not an effective discipline because Williams “has essentially withdrawn from the practice of law since the early 1990s. Thus, from his vantage point, disbarment is a non-event — it would simply prohibit him from doing that which he has not done for nearly two decades. And because disbarment is permanent, he would have no incentive to come to grips with the pain and suffering he has wrought.”

But Sullivan and Massa wrote in dissent that disbarment was appropriate.

“I would not provide an opportunity to return to practice to a lawyer who, after helping himself to his frail and elderly client’s money, says the money was a gift after his first explanation that it constituted payment for legal services was rejected by a court,” Sullivan wrote.


 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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