Not The First Rodeo

The Indiana Supreme Court imposed a three-year suspension without automatic reinstatement of an already suspended attorney

Respondent was hired to represent “Client 1” in a criminal case. Thereafter, Respondent did very little work on the case, was unable to be reached by Client 1 until immediately prior to trial, and appeared on the morning of trial with very little material. Client 1 indicated to the judge she was not comfortable proceeding with Respondent and explained why. The judge continued the matter even though a jury panel was waiting outside the courtroom. The judge also filed a request for investigation of Respondent with the Commission. Respondent failed to timely respond to the Commission’s inquiries during that investigation, leading to the initiation of show cause proceedings.

Respondent was hired to represent “Client 2” with respect to paternity and child support issues. Client 2 was unable to reach Respondent after the retainer was paid. Eventually, Client 2 filed a request for investigation of Respondent with the Commission. Respondent failed to timely respond to the Commission’s inquiries, leading to the initiation of additional show cause proceedings.

The majority

 Respondent has a lengthy record of past and present noncooperation with various disciplinary investigations initiated against him, comprising four concluded and five pending show cause proceedings. Respondent has been administratively suspended six times since 2008 – four times for nonpayment of dues and twice for failure to pay costs – and he is currently suspended for failure to pay costs. Respondent has progressively absented himself from the multiple show cause proceedings against him and has wholly failed to participate in these disciplinary proceedings. All of these factors persuade us that a lengthy suspension without automatic reinstatement is necessary to protect the public and preserve the integrity of the legal profession.

Dissent

Rush, C.J., and David, J., dissent, believing that the Respondent is deserving of a significant period of suspension or disbarment.

(Mike Frisch)