Indianapolis attorney convicted of OWI suspended for 90 days

An Indianapolis attorney has been suspended for 90 days with automatic reinstatement following his conviction of operating a vehicle while intoxicated and several violations of the Indiana Rules of Professional Conduct.

Indiana Supreme Court justices issued a suspension order for Indianapolis attorney Andrew Homan on Friday  after approving the agreed discipline proposed by Homan and the Indiana Supreme Court Disciplinary Commission.

Homan was arrested and pleaded guilty to OWI, the order says. As a result of his refusal to comply with Indiana’s implied consent law at the time of his arrest, and later because of his conviction, Homan’s driver’s license was suspended from May 2017 until July 2018.

However, the order says Homan twice drove while his license was suspended and his criminal probation was revoked after he was found in violation for consuming alcohol.

The order also says that Homan separately entered into an “of counsel” relationship with Eastman Meyler d/b/a WipeRecord, a Texas law firm that marketed various “criminal record removal services” and similar services. Homan’s contracted role was limited to reviewing and signing the documents drafted by Eastman Meyler, and he was forbidden from negotiating representation agreements with clients and, in most instances, from communicating with clients at all.

Between December 2016 and June 2018, Homan accepted at least 251 cases from Eastman Meyler, including two married “clients” of Eastman Meyler nominally represented by Homan. Those clients sought criminal expungements in two matters in Indiana and indicated their request for relief was time-sensitive due to an immigration matter.

Although the clients paid the full contract price to Eastman Meyler, the law firm’s personnel inadequately communicated with clients and dragged their feet on performing the contracted-for work, the order says. One year after retaining Eastman Meyler, clients still had not received resolution to their matters. Homan never communicated with clients despite the fact he was their attorney of record, the order says.

Thus, the commission and Homan agreed that the attorney violated the following Indiana Professional Conduct Rules:

  • 1.3
  • 1.4(a)(2)
  • 1.4(a)(3)
  • 1.4(a)(4)
  • 5.3(c)
  • 5.4(c)
  • 5.5(a)
  • 8.4(b)

Agreeing with both parties, the Indiana Supreme Court accepted Homan’s discipline as a 90-day suspension with automatic reinstatement, beginning September 4.

Respondent shall not undertake any new legal matters between service of this order and the effective date of the suspension, and Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). At the conclusion of the period of suspension, provided there are no other suspensions then in effect, Respondent shall be automatically reinstated to the practice of law, subject to the conditions of Admission and Discipline Rule 23(18)(a),” Chief Justice Loretta Rush wrote for the high court majority.

All justices concurred in the decision, except Justice Geoffrey Slaughter, who did not participate in In the Matter of: Andrew Homan, 19S-DI-318.

The costs of the proceeding are assessed against Homan, who is ordered to pay $682.05 to the Clerk of the Indiana Supreme Court.

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