A $500 Misunderstanding

A professed misunderstanding over CLE compliance has led the Indiana Supreme Court to impose a $500 fine.

After a July 6 suspension for non-compliance

The Disciplinary Commission filed an “Amended Verified Motion for Rule to Show Cause” on November 18, 2015, asserting Respondent practiced law in this state by representing clients while suspended from the practice of law. Specifically, on July 19, 2015, Respondent was retained by a client in a bankruptcy matter, met with the client and discussed his bankruptcy, and was paid a $1,100 cash retainer. Further, on September 21, 2015, Respondent filed an appearance and a motion to recall warrant in Carmel City Court on behalf of a different client.

The attorney explained

Respondent asserts that he sent an unverified letter to the Executive Director of the Commission for Continuing Legal Education on July 2, 2015, requesting an extension of time to complete his CLE requirements and pay the necessary fees, and that he believed that an extension would be granted.

The court

Respondent’s professed belief was not reasonable under the circumstances.

The fine was imposed for contempt of court.

The same sanction was imposed on an attorney who had resigned from the bar in 2006.

Charges were filed

asserting Respondent held himself out as an attorney and practiced law in this state, in violation of his duties as an attorney who has resigned from the bar. More specifically, attached to the Commission’s verified petition is written correspondence signed and sent by Respondent in which he identified himself as “esquire” and “in house counsel” for a construction company and threatened legal action against the recipient if a mechanic’s lien   was not released.

Also contempt. (Mike Frisch)