ADD No Mitigating Factor

The Indiana Supreme Court has imposed a suspension of at least 240 days for an attorney ‘s trust account mismanagement and false statements in his personal bankruptcy.

The court

An overarching theme in much of the hearing officer’s report and in the parties’ review briefs involves whether many of the charged instances of misconduct were criminal or merely negligent in nature. However, we need not delve too deeply into this issue, because Respondent expressly stipulated in advance of the hearing that he committed conversion and, in so doing, that he violated Professional Conduct Rules 8.4(a) and 8.4(b). In making these stipulations, the parties agreed that while additional relevant evidence might be introduced at the hearing, “the matters stipulated to herein are conclusively established.” Respondent is bound by these stipulations, and the hearing officer erred by not giving them effect.

As to proffered mitigation

Initially, we note our disagreement with several of the mitigating factors identified by the hearing officer. The record simply does not support the hearing officer’s findings that Respondent “made immediate restitution to [Client] and his trust account” and that no client suffered financial loss because of Respondent’s negligence. Further, Respondent’s diagnosed attention deficit hyperactivity disorder does not explain, excuse, or mitigate the misconduct that occurred here.

Facts in aggravation in this case include Respondent’s substantial experience in the practice of law, the long-term pattern of misconduct committed by Respondent over the span of several years, and the number of violations during that time. Facts in mitigation include Respondent’s lack of prior disciplinary history, his cooperation with the Commission and the disciplinary process, his stipulations designed to streamline the hearing process, and the attestation of professional acquaintances to Respondent’s skill and good reputation.

The hearing officer had recommended a 90-day suspension. (Mike Frisch)