Pay Or Go to Jail

An attorney who was disbarred in 1990 has been sanctioned by the Indiana Supreme Court for unauthorized practice

Respondent filed a petition for reinstatement in 2011, but since then has taken no steps to advance that action.

On April 4, 2017, the Commission filed a verified “Motion for Rule to Show Cause,” asserting that in 2014 Respondent provided legal services to an individual on an expungement matter and was paid $1,200 in return. These same acts gave rise to criminal proceedings in which Respondent pled guilty to the unauthorized practice of law as a Class B misdemeanor and was sentenced to 30 days in jail. The Court issued an order to show cause on April 5, 2017, directing Respondent to show cause in writing, within 15 days of service, why he should not be held in contempt for disobedience to this Court’s order disbarring him from practice. It has been over 15 days since Respondent was served, and Respondent has not responded. We therefore find that Respondent has practiced law in violation of his disbarment as asserted by the Commission.

He was fined $500 and ordered to disgorge the $1,200 and 

If Respondent does not comply with the payment, accounting, and reporting deadlines set forth in paragraphs 1 and 2 above, this Court shall order that Respondent be sentenced to a term of imprisonment for a period of thirty (30) days, without the benefit of good time, and the Sheriff of the Supreme Court of Indiana will be directed to take Respondent into custody and turn him over to the Indiana Department of Correction.

And also

Finally, for his violation of this Court’s order, the Court ORDERS that Respondent’s pending petition for reinstatement be dismissed with prejudice. The hearing officer appointed to hear that matter is discharged. Respondent may not again petition for reinstatement from his disbarment.

(Mike Frisch)