Summary
The Indiana Supreme Court approved a conditional agreement disciplining Loretta H. Fratini for misconduct related to her limited involvement in a nationwide debt-relief program. The Court found violations involving client communication, supervision of nonlawyers, assisting the unauthorized practice of law, and assisting violations concerning fees and trade names, and imposed a suspension of at least six months without automatic reinstatement.
Topics
Practice areas
Questions Presented
- Whether Respondent committed the stipulated violations of the Indiana Rules of Professional Conduct by failing to inform and consult with clients about the limited scope of representation, failing to supervise nonlawyer personnel, assisting in the unauthorized practice of law, and knowingly assisting violations involving unreasonable fees and an improper trade name.
- Whether a suspension of at least six months without automatic reinstatement was appropriate discipline for the stipulated misconduct.
Holdings
- The Court approved the parties' stipulation that Respondent violated Indiana Professional Conduct Rules 1.4(a)(1), 1.4(a)(5), 5.3(b) and Guideline 9.3, 5.5(a), and 8.4(a).
- Respondent was suspended from the practice of law in Indiana for a period of not less than six months without automatic reinstatement.
Key quotations
“The Court, having considered the submissions of the parties, now approves the agreed discipline.” (74 N.E.3d at 1211)
“For Respondent’s professional misconduct, the Court suspends Respondent from the practice of law in this state for a period of not less than six months, without automatic reinstatement, beginning March 24, 2017.” (74 N.E.3d at 1211-12)
“Reinstatement is discretionary and requires clear and convincing evidence of the attorney’s remorse, rehabilitation, and fitness to practice law.” (74 N.E.3d at 1212)
Factual background
From November 2011 through November 2013, Respondent was affiliated with US Legal Services Group, which marketed debt-relief services in Indiana. Nonlawyers screened debtors and obtained signed retainer agreements imposing a $399 nonrefundable fee, an 18% fee based on total debt, and monthly escrow and legal-fee payments. Respondent reviewed files, approved agreements as an Indiana attorney, and sometimes drafted pro se pleadings, but did not supervise the nonlawyer personnel or consult with every client about the limited scope of her role before the agreements were signed. Respondent was involved in 149 matters.
Procedural history
The Disciplinary Commission and Respondent agreed to stipulated facts, violations, and proposed discipline. The Indiana Supreme Court approved the agreement, suspended Respondent from practicing law for a minimum of six months without automatic reinstatement, assessed costs against Respondent, and discharged the appointed hearing officer.