In re Gotkin

Summary

The Indiana Supreme Court imposed a six-month suspension without automatic reinstatement on an attorney who misused client trust-account funds, failed to comply with trust-account reporting and recordkeeping requirements, made improper cash withdrawals, and failed to appear at a dissolution hearing. The court entered discipline based on the respondent's agreed facts and assessed the proceeding's costs against him.

Holdings

1. Based on the agreed and admitted facts, the respondent violated Indiana Professional Conduct Rules 1.15(a), 3.4(c), 8.4(b), and 8.4(c), and Indiana Admission and Discipline Rules 23 and 28, including the trust-account, overdraft-reporting, recordkeeping, and prohibition-on-cash-check requirements.
2. The respondent should be suspended from the practice of law for six months, beginning July 1, 2005, without automatic reinstatement, and must pay the costs of the proceeding.

Questions Presented

1. Whether the respondent's admitted conduct violated the cited Indiana professional-conduct and admission-and-discipline rules.
2. What discipline should be imposed for the admitted trust-account violations, failure to comply with a tribunal obligation, criminal and dishonest conduct, and failure to appear at a hearing after an ungranted continuance motion.

Disposition

other