In re Dilk

Summary

The Indiana Supreme Court found that the respondent engaged in professional misconduct while representing homeowners in foreclosure proceedings through referrals from for-profit foreclosure assistance entities. The misconduct included inadequate client communication, allowing nonlawyers to direct professional judgment, improper fee sharing, assisting unauthorized practice of law, and conduct prejudicial to the administration of justice. The Court suspended the respondent for at least six months without automatic reinstatement and assessed the costs of the proceeding against him.

Holdings

1. Respondent violated Indiana Professional Conduct Rules 1.4(a), 1.4(b), 3.2, 5.4(a), 5.4(c), 5.5(a), 7.8(e), and 8.4(d) through his representation of foreclosure clients referred by for-profit assistance entities and his related foreclosure practice.
2. Respondent was suspended from the practice of law in Indiana for a minimum of six months, without automatic reinstatement, effective March 24, 2014.

Questions Presented

1. Whether Respondent violated the Indiana Professional Conduct Rules by failing to communicate with and advise foreclosure clients, allowing nonlawyers and referral entities to direct his professional judgment, sharing legal fees with nonlawyers, assisting the unauthorized practice of law, improperly accepting referrals, and engaging in conduct prejudicial to the administration of justice.
2. What discipline should be imposed for Respondent's professional misconduct.

Disposition

other