In re Denney

Summary

The Indiana Supreme Court found that Respondent engaged in extensive professional misconduct, including neglect of client matters, unreasonable fees, failure to communicate, disobedience of court orders, frivolous or burdensome filings, improper fee sharing, and failure to cooperate with disciplinary investigations. The Court suspended Respondent from practicing law for at least three years without automatic reinstatement, effective April 15, 2013, and assessed the proceeding’s costs against Respondent.

Holdings

1. Respondent violated Indiana Professional Conduct Rules 1.2(a), 1.3, 1.4(a), 1.4(b), 1.5(a), 1.15(d), 1.16(a)(3), 1.16(d), 3.1, 3.2, 3.4(c), 4.4(a), 5.4(a), 8.1(b), and 8.4(d).
2. For the professional misconduct, Respondent must be suspended from the practice of law in Indiana for a minimum of three years without automatic reinstatement.
3. After the minimum suspension period, Respondent may petition for reinstatement only after paying proceeding costs, fulfilling the duties of a suspended attorney, and satisfying Admission and Discipline Rule 23(4); reinstatement is discretionary and requires clear and convincing evidence of remorse, rehabilitation, and fitness to practice law.

Questions Presented

1. Whether Respondent violated the Indiana Professional Conduct Rules identified by the Court based on the charged misconduct.
2. What discipline is appropriate for Respondent's multiple and aggravated violations of the Indiana Professional Conduct Rules.
3. What conditions govern Respondent's possible reinstatement after the minimum suspension period.

Disposition

other