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Order requires United Financial to pay court costs

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The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.

But the state’s justices have not issued a final ruling on the case involving contempt or repayment of costs, following the Supreme Court’s April 2010 opinion that found the Indianapolis company engaged in UPL through an estate planning “trust mill” and must return the fees received from that activity.

In a Jan. 13 docket entry in State ex rel. Indiana State Bar Association v. United Financial Systems Corp., No. 94S00-0810 MS-00551, the chief justice ordered that UFSC and company officials Richard Follett, Jane Follett, Richard Follett II and Beau Follett pay the Indiana Supreme Court $16,002.95 for the costs of the proceeding against it. Specifically, the order calculated the costs to include $14,978.45 for the commissioner fees and expenses, and $1,024.50 for court reporter and related court costs.

Former Monroe Circuit Judge Viola Taliaferro has been acting as special commissioner on the case for about a year, by order of the state’s high court. She submitted a report in December to the Supreme Court stating UFSC has failed to fully comply with the court’s previous order on refunds, though some refunds have been issued. Her 61-page report found the company still owed nearly $2.4 million and that the Office of the Indiana Attorney General should be allowed to disburse half of the refunds immediately and the other half when the money is available over the course of several years.

 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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