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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The opinion said disbarment was not an effective discipline because Williams “has essentially withdrawn from the practice of law since the early 1990s.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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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