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Jury should decide whether Duke Realty intended to get law partner fired

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There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.

Drake owned land in Boone County next to the Anson Project development Duke Realty was constructing in 2003. She declined to sell her land, and the two later entered into a land-use agreement that limited how Duke Realty could develop the property near Drake’s land. During this time, Parr Richey suspended its representation of Duke Realty on the project until the land-use agreement was executed in 2004.

But a dispute over the agreement caused Duke Realty to inform the partners at Parr Richey that it was in the firm’s best interest to resolve the issue between Drake and the company. If Drake filed anything against Duke Realty regarding the land-use agreement, then whatever relationship Duke Realty had with the firm would be ended, Duke Realty told Parr Richey.

Shortly thereafter, the other partners agreed to remove Drake as a partner at the end of 2006. She sued Duke Realty for tortious interference with her partnership. The trial court granted the company’s motion for summary judgment.

At issue in Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation, 29A02-1302-CT-152, are the tortious interference elements of the defendant’s intentional inducement of breach of the contract and the absence of justification. The Court of Appeals found genuine issues of material fact regarding both these elements.

“The question remains whether, when Duke Realty demanded of Parr Richey that Drake cease and desist from enforcing her rights under the Land Use Agreement, Duke Realty intentionally induced Parr Richey to remove Drake as a partner without legal justification,” Judge Edward Najam wrote.

The judges also found it is not necessary for Duke Realty to have specifically intended only that Drake be terminated as a partner for the company to have tortiously interfered with the partnership agreement.

Duke Realty pointed to Indiana Professional Conduct Rule 1.7(a)(2) to say that even if it did interfere with the partnership agreement, it had a legitimate business reason to do so.

“But our Rules of Professional Conduct do not justify a client’s tortious behavior toward an attorney. While Duke Realty has an unfettered right to terminate its attorney-client relationship with Parr Richey, Duke Realty could have exercised that right without issuing a threat or ultimatum regarding Drake,” Najam wrote.

“Again, Duke Realty’s argument ignores the fact that it did not simply terminate its attorney-client relationship but, rather, used its status as a Parr Richey client as leverage in its dispute with Drake.”

A jury should decide Duke Realty’s intent and whether its threat to withdraw all of its business from Parr Richey was merely an expression of a client’s legitimate concern about a conflict of interest.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. 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.

  3. 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

  4. 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

  5. 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

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