In re Voils

Summary

The Indiana Supreme Court approved a conditional agreement disciplining an attorney who failed to diligently pursue a life-insurance claim, return the client’s file, and timely respond to disciplinary authorities. The Court imposed a 30-day suspension with automatic reinstatement, subject to specified conditions, and assessed proceeding costs against the respondent.

Holdings

1. Respondent violated Rule 1.3 by failing to act with reasonable diligence and promptness in pursuing the client's accidental-death insurance claim.
2. Respondent violated Rule 1.16(d) by failing promptly to return the client's file materials after termination of the representation.
3. Respondent violated Rule 8.1(b) by failing to respond timely to the Commission's demands for information concerning the grievance and subpoena duces tecum.
4. A thirty-day suspension from the practice of law, beginning July 12, 2013, with automatic reinstatement subject to Admission and Discipline Rule 23(4)(c), was approved as appropriate discipline.

Questions Presented

1. Whether Respondent violated Indiana Professional Conduct Rules 1.3, 1.16(d), and 8.1(b) based on the stipulated facts.
2. Whether the proposed thirty-day suspension with automatic reinstatement was appropriate discipline for the stipulated misconduct.

Disposition

approved