In the Matter of Scott I. Richardson

Summary

The Indiana Supreme Court disciplined Scott I. Richardson for pursuing a lawsuit primarily to burden a former girlfriend and for knowingly providing false answers to post-judgment interrogatories concerning his assets. The Court found violations of Indiana Professional Conduct Rules 4.4, 8.4(c), and 8.4(d), and imposed a 90-day suspension from the practice of law.

Holdings

1. An attorney violates Professional Conduct Rule 4.4 by continuing to prosecute a lawsuit after its legitimate justification and utility have evaporated, when the continued litigation serves no substantial purpose other than burdening a third party.
2. An attorney's deliberate continuation of litigation that serves no legitimate purpose and burdens an opposing party constitutes conduct prejudicial to the administration of justice under Professional Conduct Rule 8.4(d).
3. Knowingly answering "none" to interrogatories asking whether an attorney owns investments or corporate interests violates Professional Conduct Rule 8.4(c) when the attorney in fact owns such assets, regardless of the assets' asserted value.
4. A ninety-day suspension from the practice of law, followed by automatic reinstatement, was warranted for an attorney who abused the legal process and then deceived an adverse party to shield assets from collection of resulting attorney fees.

Questions Presented

1. Whether Richardson violated Indiana Professional Conduct Rule 4.4 by continuing to prosecute the conversion lawsuit primarily to burden his former girlfriend.
2. Whether Richardson violated Indiana Professional Conduct Rule 8.4(d) by pursuing litigation that served no legitimate purpose and was prejudicial to the administration of justice.
3. Whether Richardson violated Indiana Professional Conduct Rule 8.4(c) by knowingly providing false answers to asset-discovery interrogatories.
4. What disciplinary sanction was appropriate for the violations.

Disposition

other