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Justices suspend attorney for 18 months

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Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.

In In the Matter of: Lawrence T. Newman, No. 49S00-0907-DI-331, Lawrence Newman was retained by M.L. to help represent her in disputes over the operation of a closely held corporation left by her father in his estate. The agreement between M.L. and Newman said Newman would be paid $195 an hour, payable upon receipt of M.L.’s distribution from the estate, plus 25 percent of M.L.’s distribution.

Just a few weeks later, M.L. sent a letter asking Newman to stop all work, and she later terminated his employment and asked for a statement of the work he had done. Newman filed a notice of intent to hold an attorney’s lien on M.L.’s distrubtion from the estate for his hourly fee plus 25 percent of the distribution of the estate. It took more than three years for M.L. to receive her file, which she got after she was ordered to pay Newman nearly $8,500 for the work he had done on her case.

Chief Justice Randall T. Shepard and Justices Brent Dickson and Frank Sullivan agreed with the Disciplinary Commission that Newman violated Indiana Professional Conduct Rules 1.4(a)(4), 1.5(a), 1.16(a)(3), and 1.16(d) for failing to comply with M.L.’s reasonable requests for an accounting of the hours he worked prior to being discharged, by charging an unreasonable fee, by failing to withdraw from representation promptly after being discharged, and by failing to return M.L.’s file after its retention was no longer necessary to secure payment of his fee.

“While we do not adopt the Commission's assertion that a contingent fee agreement is per se unethical whenever there is no risk of total non-recovery, we conclude that the evidence supports a conclusion that the contingent fee agreement under the circumstances of this particular case was unreasonable,” the per curiam opinion states.

Justice Rucker dissented on this matter, finding there to be insufficient evidence to support a violation of Rule 1.5(a) – charging or collecting an unreasonable fee – and that the 18-month suspension imposed is based in part on a violation not charged by the commission. He pointed out that the hearing officer didn’t make findings or conclusions that Newman may have violated the rule by charging or collecting an unreasonable fee, and the commission never filed charges against him alleging a violation of this provision of the rule. The hearing officer claimed Newman violated this rule by “negotiating and entering into a contingency fee agreement when [M.L.] faced no risk of non-recovery” in the estate matter.  

“To conclude that ‘Respondent violated Rule 1.5(a) by charging an unreasonable fee’ decides a question outside the scope of our review and violates the Respondent’s right to fundamental due process,” he wrote. Rucker would impose a 90-day suspension for the remaining three violations.

Newman's suspension begins Jan. 31.

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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