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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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