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Ex-officer for MCBA may lose law license

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Members and officers of the Marion County Bar Association say the organization has put behind it the theft and subsequent repayment of more than $10,000 by its former treasurer.
 

atkins Atkins

Trezanay Atkins admitted in a hearing before the Supreme Court Disciplinary Commission that she misappropriated money during her tenure as treasurer of the Indianapolis-based bar whose mission is the professional development of minority attorneys. The commission asserts that from October 2011 through December 2012, Atkins converted to her personal use 53 bar association checks she wrote ranging from $15 to $500, totaling $10,373.

“I was in personal financial distress,” Atkins testified at a hearing this year when asked why one check was written for an unusually specific amount – $456.12. “I didn’t have any money to take care of even my kids … and so the reason why it is for an odd number is because those were bills that I needed to pay in my house,” she stated.

In March 2013, Atkins self-reported the misappropriations to then-MCBA President TaKeena Thompson, who said the organization moved swiftly, removing Atkins from the treasurer position. Thompson, an associate at Cohen & Malad LLP, said that within a week of the disclosure, members were notified of the situation, and Atkins promptly returned the money. Atkins said she received a loan to repay most of the money.

“We told (members) that we apologized … we didn’t try to hide it,” Thompson said, noting the association also quickly changed its banking procedures, requiring multiple signatures on checks, for instance. She said of members, “I think they were confident in our board and that we would do everything that we could to make sure this never happened again.”

The association filed a grievance against Atkins that served as the basis of the disciplinary complaint against her, and the MCBA board voted to refer the case to the Marion County Prosecutor’s Office, though no charges had been filed as of May 31.

Atkins, who was admitted to practice in 2009, told Indiana Lawyer she is resigned to the likelihood that she may temporarily lose her law license. She admitted in her disciplinary action that she committed acts amounting to Class A misdemeanor conversion. The month she became treasurer, she sent board members an email that the organization was “hemorrhaging financially,” the record shows.

Atkins told IL the MCBA’s records were in disarray when she became treasurer. Marion Superior Judge Helen Marchal, the hearing officer in Atkins’ case, found that an aggravating factor was that the MCBA was a vulnerable victim.

Marchal submitted a report to the Supreme Court in May finding Atkins violated Rules of Professional Conduct 8.4(b) and 8.4(c). Marchal recommended a one-year suspension without automatic reinstatement. The Disciplinary Commission previously urged a two-year suspension.

Along with a violation for misappropriating funds, Atkins also tried to conceal the thefts. For instance, she made notations in memo lines of checks that the money was for false purposes, and she also provided summaries to the board with incorrect balances.

In November 2012, she reported to the board that the association had a balance of just over $19,900, when the actual balance was less than $9,700, according to the disciplinary record. The ledger didn’t include the checks she’d written for herself.

Members and officers of the association said they were disheartened by the misappropriations that came as the organization had become more active than it had been for several years. It hosted a successful retirement celebration for Court of Appeals Senior Judge Carr Darden and instituted regular “coffee chats” enabling members to meet informally with local judges.


bentley-cassandra.jpg Bentley

Cassandra Bentley, president of the Marion County Bar Association, said the facts in Atkins’ complaint speak for themselves: “It’s been resolved and we are moving on.

“From our end of things, we turned it over to the prosecutor’s office, and whatever they decided to do with it, that’s what they decided to do with it,” said Bentley, a law clerk for Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana.

“It was an unfortunate situation and we handled it appropriately,” Bentley said. She doesn’t believe the MCBA has been damaged because of the situation.

“We’re still a functioning and valuable part of the legal community,” she said. The group plans to conduct a membership drive in September and is working on other initiatives.


McMillian McMillian

MCBA past president, life member and Barnes & Thornburg LLP partner Jimmie McMillian Jr. said he wouldn’t comment on Atkins, but agreed the organization had moved on.

“It takes a lot to do it and to do it right and do it well,” he said of leading an organization that relies entirely on volunteers. But he said its mission remains vital.

“I think it’s important to have a network for lawyers, particularly lawyers of color, to get plugged in and get connected in groups they feel comfortable and welcome in,” McMillian said. It’s also important for groups like MCBA to share in the successes of members who have a commonality of purpose, he added.

McMillian was mentored by MCBA members, and he’s had the opportunity to mentor others in the organization that he indicated has nearly 200 members.

“We have the same diversity challenges in the legal community we have for years,” he said, though corporate America, courts and government see diversity in the profession as a goal. “We are better served by a diverse bar. It better represents the community we serve.”

An influential member who spoke on condition of anonymity said the organization is likely to focus on its basic mission of helping students study for the bar exam and assisting young lawyers advance in the local legal community, likely deferring any initiatives until late summer.

Atkins spoke to IL after Marchal’s report was transmitted to the Supreme Court. She said she sensed tension between younger and older MCBA members, a view some members contacted for this story shared but others did not.

Thompson, now immediate past-president, said the MCBA made strides to improve communication with members and offer more activities. She said some members had not paid dues in the past because they didn’t receive invoices, and those were the kind of issues the leadership addressed.

“We were trying to get all of our processes in order, and not everything was up to par,” Thompson said of the board under her direction. “I definitely think it was an accomplishment for the board to have as much activity as we had. We had an increase in membership and active members, and I think the board did a good job.”

In Thompson’s estimation, that includes dealing with the fallout from Atkins’ misappropriation.

“Do I think those things are being overshadowed? I don’t think so,” she said.

Atkins said she’s shutting down her law practice and isn’t accepting new clients. She hopes to keep her license active after her discipline case is concluded, but she doesn’t intend to practice. Instead, she’s turning her attention to a new enterprise, Ignis Strategic Communications, a public relations company whose Twitter page reads, “between you and the media stands Ignis. We handle crisis | reputation | strategy | press.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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