Probation Extended

The Indiana Supreme Court has denied the motion of its Disciplinary Commission to revoke probation of an attorney.

The attorney was suspended for six months and was granted reinstatement on conditions. He fauiled to follow the term, which required a management plan and attorney supervision.

He explained

 Respondent says that he has begun a limited part-time practice with cases accepted with consultation with his Indiana Judges and Lawyers Assistance Program monitor, who has assisted him with time management counseling. Respondent admits that he “mistakenly, and without excuse, thought that he was to make notification if he returned to the full-time practice of law.”

Rather, the court extended the period of probation but noted

The Court finds the terms of Respondent’s probation, as modified by the parties’ agreement, to be unambiguous and his noncompliance to be inexcusable. Nevertheless, under the circumstances, the Court concludes that an extension of Respondent’s probation, rather than its revocation, is the more appropriate remedy.

(Mike Frisch)