In the Matter of Daniel S. Kelly

Summary

The Indiana Supreme Court found that Daniel S. Kelly committed professional misconduct in two criminal representations, including failures to communicate, appear, act diligently, and protect client information. The Court attributed some misconduct to depression and substance abuse but suspended Kelly from practice for at least six months without automatic reinstatement, effective January 15, 2010.

Holdings

1. Respondent violated Indiana Professional Conduct Rules 1.3, 1.4(a)(1), 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.6(a), 1.16(a)(2), 3.2, and 8.4(d) through neglect of client matters, inadequate communication, unauthorized disclosure, representation while materially impaired, failure to expedite litigation, and conduct prejudicial to the administration of justice.
2. Respondent was suspended from the practice of law in Indiana for a minimum of six months without automatic reinstatement, effective January 15, 2010, subject to petitioning for reinstatement and satisfying specified conditions.

Questions Presented

1. Whether Respondent committed the professional-conduct violations alleged in the disciplinary complaint.
2. What discipline was appropriate for Respondent's misconduct, considering his failure to cooperate, lack of restitution, depression, and substance abuse.

Disposition

other