After Non-Cooperation And Suspension, Reprimand

A public reprimand from the Indiana Supreme Court on these facts

In early 2013 Respondent, who is a partner in a Cincinnati law firm, entered an appearance on behalf of a defendant (“Company”) in a breach of contract action filed by “Plaintiff” in Lake County, Indiana (“Lake County Case”). Respondent then failed to timely comply with discovery, resulting in an award of $800 in attorney fees to Plaintiff. Respondent and Company also failed to appear for court-ordered mediation, which led to show cause proceedings and a hearing that Respondent and Company also failed to attend. Respondent and Company were ordered to pay $2,000 jointly and severally as a contempt sanction. After Plaintiff obtained summary judgment the trial court set the matter for a proceedings supplemental hearing, which Respondent and Company failed to attend. Additional show cause proceedings ensued, with Respondent and Company again failing to attend the hearing.

When the Commission undertook an investigation of this matter, Respondent failed to respond to the Commission’s demand for information. This led to show cause proceedings in this Court and, eventually, Respondent’s suspension for noncooperation. After Respondent had been suspended for six months, the Commission filed a motion to convert Respondent’s noncooperation suspension to an indefinite suspension. As that motion was pending, Respondent finally complied, and the Court issued an order on August 11, 2015, terminating Respondent’s noncooperation suspension.

Respondent’s substantial experience in the practice of law is a fact in aggravation. Mitigating factors in this case include Respondent’s remorse, lack of prior discipline, lack of dishonest or selfish motive, and efforts to rectify the consequences of his misconduct by, among other things, paying all monetary sanctions (including those directed toward Company) out of his own funds.

(Mike Frisch)