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Fort Wayne attorney disbarred for fund mismanagement

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A Fort Wayne attorney who repeatedly failed to cooperate in a disciplinary action has been disbarred for mismanagement of his trust account and converting client funds.

The justices of the Indiana Supreme Court disbarred Donald Edward James Tuesday after previously suspending him in January for failing to respond to a September 2016 show cause order related to two disciplinary cases.

In the per curiam opinion, the justices wrote that James’ disciplinary trouble began in July 2016 when the Indiana Supreme Court Disciplinary Commission first filed a disciplinary complaint against him. The disciplinary complaint stemmed from James’ conduct in 2015, when he “significantly overdrew his attorney trust account on three occasions, regularly commingled personal funds with client funds, made unauthorized cash and check withdrawals from the trust account for his own personal purposes, and failed to maintain adequate trust account records.”

James largely failed to cooperate with the investigation into his misconduct, the justices wrote, and did not participate in any of the disciplinary proceedings. As aggravating factors, the hearing officer cited James’ “dishonest and selfish motive,” his multiple offenses, the criminal nature of his misconduct, his deceptive practices during the investigation and his refusal to acknowledge the wrongfulness of his actions.

The hearing officer recommended that James be disbarred, and after finding that he had violated Indiana Professional Conduct Rules 1.15(a), 8.1(b), 8.4(b) and (c) and Indiana Admission and Discipline Rules 23(29)(a)(2), (3) and (4), the high court justices agreed, effective immediately. The costs of the proceeding are assessed against James.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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