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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA Carmel attorney has been suspended from the practice of law for 180 days for engaging in dishonest and fraudulent representation of a client before and after the client fired him.
The Indiana Supreme Court suspended Edward A. Anania with automatic reinstatement in a Thursday order in In the Matter of: Edward A. Anania. Justices accepted the statement of circumstances and conditional agreement for discipline agreed upon by Anania and the disciplinary commission.
Anania’s issues began after he was retained by a client to pursue a breach of contract action and was paid a $5,000 retainer for his services. Anania thereafter became “largely nonresponsive to Client’s attempts to contact him, did not actually file a complaint against the company, falsely told Client that he did file a complaint, and evaded Client’s requests for a copy of the complaint,” the order states.
Anania eventually admitted he had not filed the complaint after being confronted by Client but promised to do so soon. However, he failed to keep that promise and again lied to Client when asked if the complaint was filed. He continued to evade requests for a copy of the complaint. Anania was ultimately discharged, and he provided only a partial copy of Client’s file, then failing to advise Client on any remaining deadlines for filing a complaint within the statute of limitations.
The parties agree Anania violated the following Indiana Professional Rules of Conduct:
- 1.3: Failure to act with reasonable diligence and promptness;
- 1.4(a): Failure to keep a client reasonably informed about the status of a matter and respond promptly to reasonable requests for information;
- 1.16(d): After the termination of representation, failing to protect a client’s interests and return case file materials to which the client is entitled;
- 8.4(c): Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and;
- 8.4(d): Engaging in conduct prejudicial to the administration of justice.
Anania’s suspension, which take effect beginning September 5, was approved by all justices.
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