Hanus Misconduct Gets Lawyer Disbarred

The Indiana Supreme Court has disbarred an attorney

We find that Respondent, Edward R. Hall, committed attorney misconduct by, among other things, disobeying a subpoena and causing another witness to do the same, neglecting clients’ cases, and engaging in a pattern of dishonesty. For this misconduct, we conclude that Respondent should be disbarred.

Count One

A parcel of improved real estate (“Property”), once owned by Respondent, was transferred to a “Land Trust” in 1995. Laura Hanus, Respondent’s girlfriend (and later Respondent’s legal secretary after Respondent was admitted to the Indiana bar), became the 100% beneficiary of the Land Trust soon thereafter. In 2012, the Property became subject to a tax sale due to the nonpayment of property taxes for several years. Respondent represented the Land Trust in legal proceedings that followed, and during those proceedings an issue arose regarding whether Respondent still had an ownership interest in the Property. Respondent failed to comply with discovery and soon was facing motions from the Lake County Auditor for sanctions and to disqualify Respondent from representing the Land Trust. The trial court scheduled a hearing on sanctions for September 4, 2014, at 9:00 a.m., and Respondent and Hanus were subpoenaed to appear. Respondent falsely informed Hanus that the hearing would not occur and she need not honor the subpoena. When neither Respondent nor Hanus appeared for the hearing at 9:00 a.m., the presiding magistrate called Respondent’s law office, spoke with Hanus, and advised her that she and Respondent needed to appear in court later that morning or be subject to contempt. Respondent and Hanus then complied.

There were two other counts of client-related misconduct.

The court

The hearing officer found no mitigating factors, nor do we. The hearing officer found several aggravating factors, including among other things Respondent’s prior discipline, his pattern of dishonesty, and the significant financial harm suffered by Client 2 as a result of Respondent’s misconduct. We agree with those findings and need expound only briefly
upon them. In Count 1, Respondent disobeyed a subpoena and caused Hanus, his girlfriend and legal secretary, to do the same by lying to her, actions that placed both of them in legal peril. Respondent significantly neglected his representations of Clients 2 and 3, lied to both of them at multiple junctures, and during the pendency of the disciplinary investigation fabricated an email purportedly sent to Client 3. Respondent’s dishonesty and neglect severely harmed Client 2 and led to a six-figure default judgment against Respondent for legal malpractice.

Respondent moved to Florida during the pendency of the malpractice suit and to date has made no payments toward satisfaction of that judgment.

“In exercising our disciplinary authority, we have an obligation to protect the public and the profession from the tactics of unscrupulous lawyers.” Matter of Johnson, 53 N.E.3d 1177, 1180 (Ind. 2016). Respondent’s disregard of legal obligations, his neglect of clients’ cases and his own malpractice case, and his pervasive dishonesty, all persuade us that disbarment is warranted in this case.

(Mike Frisch)