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Lawyer privately reprimanded for hiring inmate

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The Indiana Supreme Court handed down a private reprimand to a Shelby County attorney who engaged in misconduct by hiring a nonlawyer inmate to help research and prepare a post-conviction relief petition for another client.

The attorney had been assigned by the State Public Defender as an independent contractor in 1998 to represent an incarcerated client in a PCR proceeding. That client consented to the attorney entering into an agreement with a nonlawyer inmate in the same facility to help with the PCR petition as an independent legal assistant. The attorney agreed to represent the nonlawyer inmate in his own PCR proceeding.

The nonlawyer inmate had limited access to communication and research materials and no expectation of privacy. The attorney wasn’t able to supervise the inmate or ensure he would be able to comply with the Rules of Professional Conduct.

Even though the events took place more than 10 years ago, a verified complaint wasn’t filed until 2008.

The justices found in a per curiam opinion, In the matter of: Anonymous, No. 73S00-0812-DI-626, that the attorney violated Professional Conduct Rule 5.3. The Disciplinary Commission and attorney submitted a conditional agreement for discipline suggesting a private reprimand. The justices agreed to the discipline, but noted that it would impose more severe discipline if there wasn’t an agreement.

The justices also took into account that the misconduct happened more than 10 years ago and that the attorney’s record in nearly 30 years of practice is otherwise unblemished.
 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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