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Lawyer reprimanded for enforcing associate’s separation agreement

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A Clark County attorney was reprimanded Tuesday by the Indiana Supreme Court over terms of a separation agreement he enforced against an associate who left the firm.

“The Court concludes that Respondent violated Indiana Professional Conduct Rule 5.6(a) by making an employment agreement that restricted the rights of a lawyer to practice after termination of the employment relationship,” reads the per curiam opinion in In the Matter of: Karl N. Truman, 10S00-1401-DI-55. “For Respondent's professional misconduct, the Court imposes a public reprimand.”

According to the court, the agreement “provided that only Respondent could notify clients that Associate was leaving, prohibited Associate from soliciting and notifying clients that he was leaving, and prohibited Associate from soliciting and contacting clients after he left. The Separation Agreement also included provisions for dividing fees if Associate left the firm that were structured to create a strong financial disincentive to prevent Associate from continuing to represent clients he had represented while employed by the firm.”

The associate left the firm after six years in 2012, and the opinion notes that he contacted clients, informed them of his departure, and told them they could choose to be represented by him or Truman. Later, Truman filed a complaint with the Disciplinary Commission against his former associate. That matter was settled through mediation.

“Immediately after the Commission began its investigation in this matter, Respondent discontinued his use of the Separation Agreement, and he has not enforced any similar provisions against any other former associates,” the opinion notes.

Parties stipulated that Truman also violated Rule 1.4(b), failure to explain a matter to the extent reasonably necessary to permit clients to make informed decisions regarding representation.

In a footnote, the court explained, “Without addressing the exact parameters of this rule, the Court accepts the parties’ stipulation that Respondent violated this rule for the purposes of resolving this case.”
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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