In case of dishonest lawyers

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Attorneys know they aren’t supposed to reach into a client’s cookie jar and take money that doesn’t belong to them or fail to provide the legal services they’ve vowed to perform.

But sometimes, lawyers behave badly, and clients can find themselves cheated. A legal malpractice action might be a remedy, but sometimes former clients are left without what they might consider a real remedy for what has happened to them.

That’s where the Indiana State Bar Association sees a place to step in and do what it can to try and help repair the legal profession’s bruised and battered image that stems from these kinds of dishonest circumstances. Specifically, the Clients’ Financial Assistance Fund is a voluntary attempt by the legal profession to help those who’ve been victimized by dishonest attorneys.

“We have some lawyers who give the profession a bad name, and I think it’s a good thing for the state bar to do – and lawyers to know – that this resource is available for some clients who’ve had negative experiences out there,” said Indianapolis attorney Seamus Boyce, vice chair of the fund program. “We don’t see ourselves as judges, but just attorneys who are trying to do a good service, like public relations for the legal profession.”

Nearing its 50th birthday after being formed by the House of Delegates in 1961, the fund receives about $2 from every state bar member’s annual dues and the money usually rolls over to the next cycle. Most states have a similar fund, though some are run by the judiciary or state rather than through the state bar association.

Those attorneys who’ve been a part of the program for years say this is an unprecedented time due to the amount of claims coming in regarding a single attorney.

In fact, association records show that the complaints against one attorney this year are on pace to exceed the amount filed for all attorneys during the past decade, but it’s still unknown what the total might be and whether some or all of that money will ultimately be given to those victims.

sniadecki-rod-mug Sniadecki

That individual is a now-disbarred St. Joseph County attorney, Rod Sniadecki, who nearly 100 clients have expressed interest in complaining about because of his conduct.

The Indiana Supreme Court struck his name from the attorney roll back in May, after finding that the solo practitioner admitted to the bar in 1992 had violated the terms of a previous suspension imposed for having a sexual relationship with a client and then lying about it, as well as hiring a suspended attorney to perform various legal duties. Sniadecki also took on conflicting roles as counsel for a divorcing wife while representing both her and the husband in a joint bankruptcy case.

In disbarring Sniadecki, the justices found he’d committed misconduct by not notifying all active clients of his October 2007 suspension. He also accepted new clients and represented them during his suspension. The misconduct ruling found that Sniadecki directed his legal secretary to forge several documents and gave false sworn statements to the Disciplinary Commission during its investigation of the disciplinary case, took money from clients without repaying it, and falsified loan documents and attempted to obstruct justice when trying to get a loan to repay a client through mortgages on his law office and new law office properties.

Following that disbarment, the St. Joseph Prosecutor’s Office turned over its criminal investigation to the U.S. Attorney for the Northern District of Indiana to consider possible forgery, perjury, and attempted obstruction of justice charges. No charges or indictments have been made public at this time, according to the federal court docket.

The Sniadecki situation has created a new phenomenon for the ISBA’s victim fund that it hasn’t faced before, according to Boyce and current chair, Gary Stage in Indianapolis.

In the past decade, records show the ISBA has paid out nearly $276,414 to dozens of applicants who’ve proved they were victimized by their attorneys. Stage says the fund administrators meet every other month and usually discuss about eight to 10 cases, and most of the claims range from $500 to $5,000. The ISBA doesn’t have a historic breakdown of how many attorneys have been the subject of claims each year, but the amount submitted against Sniadecki is nearly at the level submitted against all attorneys during the past decade.

stage-gary-mug Stage

More than 90 applications from different individuals have been requested, and so far 44 of those have been returned for a total of about $200,163, the ISBA reports. Stage says that the fund is more than able to handle the excess, with most recent figures from Oct. 31 showing a total $560,156 in the fund. Almost $20,000 has been collected so far since July 1 and about $31,000 has been paid on attorney claims, though none of that has been related to Sniadecki because applications are still being accepted and reviewed.

A hurdle the fund faces with Sniadecki, though, is that current rules limit the amount of money that can be paid out for one attorney to $50,000.

“It’s been interesting to me about the history of this program, but in studying that history and talking to those who’ve been around, no one can recall anything like this happening,” Boyce said.

Stage has been involved with the program for six years, served the past three as chair, and agreed that the large number of claims against Sniadecki is unprecedented and could force fund administrators to ask the ISBA’s governing board for additional revenue to give to applicants. While he and Boyce believe that the request is rare but has been made before, neither they nor other long-time members could pinpoint an example of that cap being increased.

The rules stipulate that not more than $15,000 can go to any one applicant and that $50,000 is the total that can be collected for any one attorney’s conduct, but if the board agrees to exceed that amount it cannot be more than an additional $10,000.

“They might increase it past that $50,000 mark, but I doubt it would get anywhere near $200,000 even if all those claims were found eligible,” Stage said, pointing out that he couldn’t speculate about ongoing or future investigations or what could be determined. “Theoretically, we’d ask for approval and allocate on a pro rata basis, maybe paying three-fourths of the claim amounts. But we don’t know, because we’ve never had to apply that type of thing before.”

Both lawyers said that they act as filters for the applications to determine if any fraud or misconduct happened, but sometimes that just doesn’t warrant recovery through this fund and is more suitable for a court action, they said.•


  • in case of dishonest lawyers
    Because of the public embarrassment, there should be a class action suit against this man. He knew what he was doing. from 1994 til 2007, he lied about filing cases. I TRUSTED THIS MAN! I LOSE! NO ACCOUNTABILITY!

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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