In re Yudkin

Summary

The Indiana Supreme Court found that Respondent engaged in professional misconduct by knowingly misrepresenting the filing date of a motion to correct error, asserting a frivolous defamation claim, and inaccurately quoting a procedural rule during the disciplinary investigation. The Court held that this conduct violated Indiana Professional Conduct Rules 3.1, 3.3(a)(1), and 8.4(c). It suspended Respondent for at least 90 days without automatic reinstatement and assessed the costs of the proceeding against Respondent.

Holdings

1. Respondent violated Rule 3.1 by asserting a defamation claim for which there was no non-frivolous basis in law or fact.
2. Respondent violated Rule 3.3(a)(1) by knowingly making false statements of fact or law to the trial and appellate courts and failing to correct prior false statements.
3. Respondent violated Rule 8.4(c) by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
4. Respondent was suspended from the practice of law in Indiana for not less than ninety days without automatic reinstatement, subject to the specified reinstatement requirements.

Questions Presented

1. Whether Respondent violated Indiana Professional Conduct Rules 3.1, 3.3(a)(1), and 8.4(c) through frivolous litigation, knowing misrepresentations to tribunals, and dishonest or deceitful conduct.
2. What discipline should be imposed for Respondent's professional misconduct.

Disposition

other