In the Matter of James E. Chovanec

956 N.E.2d 658 (Ind. 2011) · Supreme Court of Indiana · November 10, 2011 · No. No. 09S00-0905-DI-230

Summary

The Indiana Supreme Court approved a conditional agreement disciplining James E. Chovanec for misconduct arising from bankruptcy filings prepared and signed by his secretary, failures to supervise staff, and disobedience of bankruptcy court orders. The Court imposed a suspension from the practice of law for at least one year without automatic reinstatement, effective December 16, 2011.

Holdings

  1. The court approved the parties' stipulation that Respondent violated Indiana Professional Conduct Rules 3.3(a), 3.4(c), 5.3(b), and 5.3(c).
  2. The court approved a suspension from the practice of law in Indiana for not less than one year without automatic reinstatement.

Questions Presented

  1. Whether Respondent violated the Indiana Rules of Professional Conduct by permitting a nonlawyer employee to sign and file bankruptcy pleadings and by failing to supervise and remedy the employee's misconduct.
  2. Whether Respondent knowingly disobeyed obligations imposed by the bankruptcy tribunal and knowingly made false statements to that tribunal.
  3. Whether the agreed discipline of a one-year suspension without automatic reinstatement was appropriate.

Disposition

approved

Cases Cited (2)

  • Matter of Chovanec, 640 N.E.2d 1052 (Ind. 1994)(cited)
  • Matter of Chovanec, 695 N.E.2d 95 (Ind. 1998)(cited)

Cited In (0)

No citing cases on record yet.

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