Summary
The Indiana Supreme Court disbarred Douglas W. Patterson after finding that he committed three class D felony thefts involving client funds and engaged in dishonest conduct. The court adopted the hearing officer's factual findings, concluded that Patterson violated Indiana Professional Conduct Rules 8.4(b) and 8.4(c), and made the disbarment effective immediately.
Topics
Practice areas
Questions Presented
- Whether Patterson violated Indiana Professional Conduct Rules 8.4(b) and 8.4(c) by committing three felony thefts of client funds and engaging in dishonesty, fraud, deceit, or misrepresentation.
- Whether disbarment was the appropriate sanction in light of Patterson's intentional misappropriation of client funds, felony convictions, prior suspension, and related disciplinary history.
Holdings
- Patterson violated Indiana Professional Conduct Rules 8.4(b) and 8.4(c) by committing three counts of class D felony theft of client funds and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
- Disbarment was warranted for Patterson's knowing conversion of client property, serious criminal conduct involving theft and misappropriation, intentional dishonesty, and resulting or potentially serious injury to clients.
Key quotations
“When neither party challenges the findings of the hearing officer, "we accept and adopt those findings but reserve final judgment as to misconduct and sanction."” (595)
“Misappropriation of client funds is a grave transgression. It demonstrates a conscious desire to accomplish an unlawful act, denotes a lack of virtually all personal characteristics we deem important to law practice, threatens to bring significant misfortune on the unsuspecting client and severely impugns the integrity of the profession.” (595)
“Disbarment is generally appropriate when a lawyer knowingly converts client property and causes injury or potentially serious injury to a client.” (595)
Factual background
Patterson pleaded guilty to three class D felony theft counts based on unauthorized control over more than $17,000 belonging to 24 clients or former clients, including prepaid attorney fees and filing fees. He was sentenced to three concurrent three-year terms, with one year executed. His prior discipline included a suspension for misappropriating trust-account funds and a contempt finding for practicing law while suspended.
Procedural history
The Indiana Supreme Court previously suspended Patterson for at least three years for misappropriating firm trust-account funds and later held him in contempt for practicing while suspended. After Patterson pleaded guilty to three class D felony theft counts involving client funds, the Commission filed the present disciplinary complaint alleging violations of Professional Conduct Rules 8.4(b) and 8.4(c). Patterson did not respond, the hearing officer deemed the allegations admitted, and the Supreme Court adopted the factual findings, independently determined misconduct and sanction, and disbarred him.