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Supreme Court disbars Indianapolis attorney

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An Indianapolis lawyer who engaged in repeated and serious acts of attorney misconduct involving multiple clients has been disbarred.

In a five-page disciplinary order today In the Matter of Kimberly O. Powell, No. 49S00-0803-DI-127, the Indiana Supreme Court disbarred Kimberly O. Powell who had 16 misconduct counts lodged against her for conduct between 2003 to 2007.

The high court suspended her in March for not cooperating with the Disciplinary Commission's investigation, which involved the following misconduct charges: failing to take action in cases; failing to keep clients informed about the status of their cases; failing to respond to clients' requests for information; accepting a settlement without the client's approval; giving clients erroneous legal advice; failing to appear at hearings; missing deadlines; failing to properly handle, use, account for, and/or refund money paid to her by clients; charging unreasonable fees; failing to reduce contingent fee agreements to writing; misrepresenting the extent of her professional experience; and making false statements to the commission during its investigation.

In describing some of the misconduct, the court noted that Powell falsely told a client she had substantial experience with federal drug possession cases, charged him a $5,000 initial fee, refused to refund a $2,000 partial payment after being discharged, and attempted to charge an additional $3,100 despite having done no substantial work on the case.

Other examples cited by the court included an unemployment compensation matter and child support claims, and an Illinois murder case where she never appeared in court in that state and declined to refund a $10,000 "engagement fee" paid by the client's parents before she advised them their son should surrender to police without consulting the client.

In addition to the 16 counts of violating Indiana Professional Conduct Rules, she also violated the Indiana Admission and Discipline Rule regarding clients' funds by failing to keep them in a clearly identified trust account.

"In light of Respondent's multiple acts of serious professional misconduct, we conclude that Respondent must be given the strongest sanction possible," the court wrote, disbarring her immediately and ordering her name be stricken from the roll of attorneys.

According to the Supreme Court's roll of attorneys, Powell was admitted to practice in May 2003. She could not be reached at the phone number listed.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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