Trust Account Mismanagement

A stayed suspension of 180 days with  probation for “at least” three years has been imposed by the Indiana Supreme Court

Respondent has mismanaged his trust accounts since 2009. Among other things, Respondent overdrafted one trust account by about $38,000, and then replenished about $44,000 (resulting in more than a nominal amount of his own funds being held in trust); he improperly delegated tasks to, and inadequately supervised, a nonlawyer assistant; he did not maintain adequate trust account ledgers or deposit journals; and he improperly commingled client and attorney funds.

Terms

The Court incorporates by reference the terms and conditions of probation set forth in the parties’ Conditional Agreement, which include:

(1) At Respondent’s expense, Respondent’s probation shall include trust account monitoring by a CPA who is acceptable to the Commission and who shall report monthly to the Commission.
(2) Respondent shall cooperate timely and fully with the Commission in the Commission’s investigation of any and all matters.
(3) Respondent shall report to the Commission, in writing and within 14 days, of any failure to comply with the terms of his probation.
(4) If Respondent violates the terms of his probation and his probation is revoked, any active suspension that is ordered shall be served without automatic reinstatement.

Notwithstanding the expiration of the term of probation set forth above, Respondent’s probation shall remain in effect until it is terminated pursuant to a petition to terminate probation filed under Admission and Discipline Rule 23(16).

(Mike Frisch)