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High court privately reprimands attorney

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The Indiana Supreme Court has privately reprimanded an attorney for improperly revealing information about a former client when socializing with friends.

The justices released the per curiam opinion Friday, In the Matter of: Anonymous, No. 18S00-0902-DI-73, in which they found the anonymous attorney violated Professional Conduct Rule 1.9(c)(2). 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.

The attorney has no disciplinary history and was cooperative with the Disciplinary Commission.

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.

“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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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