Agreed Sanction Avoids Disbarment

A factual stipulation saved an attorney from disbarment by the Indiana Supreme Court

Respondent’s pattern of misconduct was wide-ranging, severe, and long-lasting. Many of Respondent’s actions were intended to unjustly enrich himself and affiliated consultants at the expense of his clients and the public fisc. Several of Respondent’s clients have suffered significant prejudice as a result of Respondent’s neglect of their cases and financial mismanagement. Respondent continued to accept clients long after it had become apparent that he could not capably represent them, and he ceased practicing only when forced to do so by an emergency interim suspension. The parties acknowledge in their conditional agreement that “Respondent’s actions may warrant a different sanction” (Agreement at 68), and indeed we have disbarred attorneys who have engaged in similarly egregious patterns of misconduct. See, e.g., Matter of Johnson, 53 N.E.3d 1177 (Ind. 2016); Matter of Brown, 766 N.E.2d 363 (Ind. 2002).

That said, our Admission and Discipline Rules “encourage appropriate agreed dispositions of disciplinary matters,” see Admis. Disc. R. 23(12.1)(b)(5), and accordingly we have approved in some similar cases agreements for lengthy suspensions without automatic reinstatement rather than disbarment. See, e.g., Matter of Emmons, 68 N.E.3d 1068 (Ind. 2017) (approving a three-year suspension without automatic reinstatement where attorney converted guardianship funds and failed to comply with court orders or the disciplinary process); Matter of Philpot, 31 N.E.3d 468 (Ind. 2015) (approving a four-year suspension without automatic reinstatement following attorney’s federal convictions for mail fraud and theft stemming from his misuse of public funds).

(Mike Frisch)