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Lawyer suspended for 180 days due to conduct during disciplinary process

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The Indiana Supreme Court has ordered a six month suspension for an Indiana lawyer who primarily practices in Michigan, not because of the misconduct committed, but more specifically because of the attorney’s bad behavior during the disciplinary process.

Issuing a nine-page opinion In the Matter of Patrick K. Rocchio, No. 98S00-0911-DI-533, the per curium court determined that the Notre Dame Law School graduate who has been practicing since 1972 but primarily in Michigan, should receive a 180-day suspension. Justice Robert Rucker dissented on the length of the suspension, believing a 30-day suspension without automatic reinstatement is more warranted because this longer sanction is disproportionate to the misconduct alleged and inconsistent with the sanctions imposed for similar misconduct in the past.

In 2008, Rocchio sent a letter to a Michigan City resident involved in a serious car crash in Indiana after reading about the accident in the newspaper. The letter offered a free no-obligation counseling conference and outlined Rocchio’s history representing accident victims, including his “successfully representing hundreds of clients in both Michigan and Indiana recovering millions of dollars for deserving clients.”

The Indiana Supreme Court’s Disciplinary Commission alleged this was a violation of Indiana Professional Conduct Rule 7.2(c) because neither the letter nor envelope contained the words “advertising material,” and the letter wasn’t filed with the agency as required.

A second charge involved his status of practice in 2009, when his website stated the various legal matters he could handle with his Indiana law license despite the fact that his license had been inactive since Aug. 24, 2009. The Disciplinary Commission accused him of violating Rule 5.5(b)(2) in holding himself out to the public as an Indiana lawyer able to practice law in this state.

Even though Rocchio argued that the Indiana Supreme Court and Disciplinary Commission didn’t have jurisdiction over him because he’s a Michigan attorney, the court decided it had jurisdiction because of his active license at the time the letter was sent and as it pertained to his status as a lawyer here.

Former Judge Barbara Brugnaux served as hearing officer in this case and decided Rocchio had engaged in attorney misconduct. She found his lack of disciplinary history to be a mitigating factor, but as aggravating factors she cited his lack of insight and unwillingness to accept responsibility about the misconduct, his dishonesty about denying he’d sent the letter to seek professional employment, and that he’d not conducted himself rationally or civilly during the proceedings and had sent improper e-mail to the hearing officer trying to persuade her to see his point of view.

The Indiana Supreme Court agreed and found Rocchio had committed attorney misconduct in that his letter didn’t specify that it was “advertising material” as required and that his letter included a statement likely to “create an unjustified expectation” for clients. Justices disagreed with Rocchio’s arguments that the letter was a “private correspondence” rather than a “public communication” within the meaning of Rule 7.2 precedent in the past decade.

Normally, the misconduct alone would warrant a public reprimand or even a lesser sanction for the written communications violations, the court wrote. But Rocchio’s conduct during the disciplinary process makes this a more serious matter, they wrote.

“We find that Respondent… engaged in attorney misconduct that, standing alone, would warrant a sanction in the lowest range,” the ruling says. “However, Respondent’s conduct during the disciplinary process demonstrates his inability to recognize his clear violations of this state’s disciplinary rules, his contempt for those rules and this disciplinary process, and his lack of appreciation for the role of this Court’s hearing officer and Disciplinary Commission members and staff. In order to protect the people in this state from further misconduct, these substantial aggravating circumstances require suspending Respondent from the practice of law without automatic reinstatement.”
 

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  • The Rest of the Story
    The Indiana Supreme Court opinion is not an acccurate or complete summary of the facts in this case. Likewise, this account is extremely misleading. For a more accurate statement of the relevant facts, contact Patrick K. Rocchio by email at rocchiopk@cbpu.com

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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