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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. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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