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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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