Summary
The Indiana Supreme Court found a suspended attorney in contempt for practicing law on behalf of a client during her suspension. The Court imposed a $500 fine and extended the minimum suspension period by one year, without automatic reinstatement.
Topics
Practice areas
Questions Presented
- Whether Respondent violated the Indiana Supreme Court's suspension order by practicing law on behalf of a client while suspended.
- What sanctions were appropriate for Respondent's contempt.
Holdings
- Respondent practiced law in violation of the Court's suspension order and was therefore held in contempt.
- The Court may impose a monetary fine and extend an attorney's suspension for contempt; the Court fined Respondent $500 and extended her suspension to at least one year without automatic reinstatement.
Key quotations
“We therefore find that Respondent has practiced law in violation of her suspension as asserted by the Commission.” (697)
Factual background
While suspended from practicing law, Respondent filed a CCS entry form and notice of change of address on a client's behalf, appeared at a hearing, discussed the client's case with opposing counsel, and was instructed by the trial judge that she could not continue representing the client. Despite that instruction, Respondent later faxed a motion to continue, proposed order, and CCS entry form to the court and called the court to request a continuance. Respondent did not respond to the Supreme Court's order to show cause.
Procedural history
Respondent was suspended from practicing law for at least thirty days without automatic reinstatement, effective September 28, 2016. The Commission filed a verified motion in June 2017 alleging that Respondent represented a client while suspended, and the Supreme Court issued an order to show cause. After Respondent failed to respond, the Court found her in contempt, imposed a $500 fine, extended her suspension to at least one year without automatic reinstatement, and assessed costs.