In re Johnson

Summary

The Indiana Supreme Court approved a conditional agreement disciplining an attorney who retained an excessive portion of an uninsured-motorist settlement, failed to provide the client with a written accounting, failed to promptly pay funds owed to the client, and did not respond to grievance inquiries. The Court imposed a 180-day suspension, with 60 days executed and 120 days stayed subject to two years of probation, and assessed costs against the respondent.

Holdings

1. The respondent violated Indiana Professional Conduct Rules 1.5(a), 1.5(c), 1.15(b), 1.16(d), and 8.1(b) by charging an unreasonable fee, failing to provide the required written distribution statement, failing to promptly pay or refund funds in which the client had an interest, and failing to respond to the Commission's written demands.
2. The court approved a 180-day suspension without automatic reinstatement, with 60 days executed and 120 days stayed subject to two years of probation.

Questions Presented

1. Whether the respondent violated Indiana's professional-conduct rules by charging an unreasonable fee and failing to provide an accounting and prompt payment of client funds.
2. Whether the respondent violated the professional-conduct rules by failing to refund an unearned fee and failing to cooperate with the Disciplinary Commission.
3. Whether the proposed conditional agreement and discipline should be approved.

Disposition

approved