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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. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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