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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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