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Justices find attorney practicing law after resignation

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The Indiana Supreme Court has fined Brian L. Nehrig $1,000 and extended his ban from practice after finding he committed the unauthorized practice of law. Nehrig resigned from the bar in 2007, and he was sentenced in 2010 after pleading guilty to mail fraud.

The Indiana Supreme Court Disciplinary Commission charged Nehrig with engaging in a pattern of fraudulent practices in representing a mortgage company in foreclosure actions, including his alteration of sheriff's deeds. Nehrig worked as a foreclosure attorney doing work for Citifinancial in 2005 and 2006. Nehrig sometimes set up side deals with friends and associates to buy properties at sheriff’s sales, and he did not send Citifinancial the profits. Citifinancial lost $66,000 from Nehrig’s scheme, according to the Federal Bureau of Investigations.

The Indiana Supreme Court Disciplinary Commission began investigating Nehrig, and he was initially suspended, but later tendered his resignation in August 2007. The FBI charged him with mail fraud in October 2009, to which he pleaded guilty. He received three years of probation.

But after his resignation, he rented space at the law office of John R. McManus Jr. and was included in a staff photo on the firm’s website. Nehrig’s primary focus was facilitating “short sales” of real estate, but he performed other work outside of the office, including tax issues. He also opened a checking account in the name of “Brian Nehrig d/b/a/ McManus & Associates” without McManus’ knowledge.

“In violation of his resignation from the bar, Nehrig worked in a law office and he engaged in activities that crossed the line into the practice of law, some of which were in the very field—real estate transactions—in which the charges leading to his resignation occurred. By using a bank account with the d/b/a of a law firm and directing third parties to make checks out for him using a law firm name, Nehrig held himself out as an attorney,” Chief Justice Brent Dickson wrote in the Sept. 7 disciplinary order.

“Nehrig's violation of the order accepting his resignation was on-going, pervasive, and deliberate, and it exposed the public to the danger of misconduct by Nehrig, who has yet to prove his remorse, rehabilitation, and fitness to practice law through the reinstatement process. See Admis. Disc. R. 23(4)(b). Under these circumstances, the Court concludes that a substantial fine and an extension of his removal from practice is warranted.”

Nehrig has 60 days from September 7 to pay the fine.

McManus was also disciplined as a result his assistance “albeit indirectly” in Nehrig’s unauthorized practice of law. The justices instituted a public reprimand. McManus said he didn’t believe Nehrig was crossing the line into the practice of law in his short sale work and didn’t know of Nehrig’s improper outside activities. He wanted to help Nehrig make a living after his resignation, and McManus has no disciplinary history.

 

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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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