Summary
The Indiana Supreme Court approved a conditional agreement for discipline involving an attorney who failed to diligently handle post-conviction matters, communicate with clients, and properly maintain client trust funds. The Court imposed a six-month suspension stayed in full subject to one year of probation and specified compliance conditions.
Topics
Practice areas
Questions Presented
- Whether the court should approve the parties' Statement of Circumstances and Conditional Agreement for Discipline.
- What discipline was appropriate for the stipulated violations involving inadequate diligence and communication, and mishandling and inadequate recordkeeping of client trust funds.
Holdings
- The court approved the Statement of Circumstances and Conditional Agreement for Discipline submitted by the Disciplinary Commission and respondent.
- The appropriate discipline was a six-month suspension from the practice of law, with the entire suspension stayed subject to successful completion of one year of probation and specified conditions.
Key quotations
“The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline imposing a six (6) month suspension, with the entire six-month period stayed subject to respondent's successful completion of one-year of probation.”
Factual background
The respondent accepted post-conviction-relief representations and retainers but failed to act on the clients' cases or respond to their inquiries. She also received checks for clients, retained some cash proceeds rather than depositing all funds into her attorney trust account, deposited funds without recording their sources, and used the account to pay personal obligations. The parties stipulated to violations involving diligence, client communication, safeguarding and accounting for trust funds, and commingling.
Procedural history
The Indiana Supreme Court Disciplinary Commission and the respondent submitted an agreed statement of facts and proposed discipline under Indiana Admission and Discipline Rule 23, section 11. The court approved the agreement, discharged the appointed hearing officer, and imposed a stayed six-month suspension subject to one year of probation.