In re Engebretsen

Summary

The Indiana Supreme Court finds that Respondent committed repeated professional misconduct, including neglecting client matters, failing to communicate, failing to protect clients upon termination, failing to refund unearned fees, and failing to cooperate with the Disciplinary Commission. The Court suspends Respondent from practicing law for at least three years without automatic reinstatement, assesses costs, and requires compliance with reinstatement requirements.

Holdings

1. Because neither party challenged the hearing officer's findings, the Court accepted and adopted those findings while reserving final judgment on misconduct and sanction.
2. Respondent violated Indiana Professional Conduct Rules 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.16(d), 3.2, 8.1(b), and 8.4(c).
3. Respondent's possible medical problems did not excuse the misconduct and did not warrant mitigation on the record presented.
4. Respondent was suspended from the practice of law in Indiana for not less than three years, without automatic reinstatement, effective immediately.

Questions Presented

1. Whether the uncontested hearing officer findings established violations of the Indiana Professional Conduct Rules.
2. What discipline was appropriate for Respondent's serial professional misconduct, given his prior suspensions, noncooperation, client harm, and lack of remorse.
3. Whether Respondent's possible medical problems excused or mitigated his professional misconduct.

Disposition

other