In the Matter of Anonymous

Summary

The Supreme Court of Indiana approved a conditional agreement imposing a private reprimand on an attorney who employed an incarcerated nonlawyer legal assistant in connection with a post-conviction proceeding. The Court concluded that the attorney violated Professional Conduct Rule 5.3 because the circumstances made adequate supervision and compliance with professional obligations impossible.

Holdings

1. Respondent violated Professional Conduct Rule 5.3 because his employment of an incarcerated, independent legal assistant made it impossible for him to exercise the required supervision and ensure that the assistant's conduct was compatible with Respondent's professional obligations.
2. A private reprimand was appropriate under the agreed discipline, considering the age of the misconduct, Respondent's cooperation, lack of disciplinary history, good reputation, and otherwise unblemished record.

Questions Presented

1. Whether Respondent violated Indiana Professional Conduct Rule 5.3 by retaining an incarcerated, independent nonlawyer legal assistant whom Respondent could not adequately supervise.
2. What discipline was appropriate for the misconduct.

Disposition

approved