In the Matter of James R. Wiesneth, Jr.

Summary

The Indiana Supreme Court approved a conditional agreement imposing a public reprimand on attorney James R. Wiesneth for neglecting a mortgage foreclosure matter, failing to communicate with the client, and failing to refund an unearned fee and return the case file. The Court assessed proceeding costs against Wiesneth, while Justices Dickson and Rucker considered the discipline insufficient.

Holdings

1. The court approved the parties' agreement that Wiesneth violated Indiana Professional Conduct Rules 1.3, 1.4(a)(3) and (4), and 1.16(d) by neglecting the representation, failing to keep the client informed and respond to requests, failing to refund an unearned fee, and failing to return entitled case-file materials.
2. A public reprimand was approved and imposed as the appropriate discipline for Wiesneth's admitted misconduct.
3. The costs of the disciplinary proceeding were assessed against Wiesneth.

Questions Presented

1. Whether the stipulated facts established violations of Indiana Professional Conduct Rules 1.3, 1.4(a)(3) and (4), and 1.16(d).
2. Whether a public reprimand was the appropriate discipline for the admitted misconduct.
3. Whether the costs of the disciplinary proceeding should be assessed against Respondent.

Disposition

approved