The Source
A reprimand by the Indiana Supreme Court
Stipulated Facts: “Opposing Party,” represented by “Opposing Counsel,” sought a protective order against Respondent’s client and another individual. During a hearing in the matter, Respondent alleged that he had evidence showing that Opposing Counsel had a sexual relationship with the police sergeant who had handled Opposing Party’s report and the subsequent investigation. In a continuation of the hearing a few days later, Respondent made a statement that he “had a source” for his allegation.
Violation: The parties agree that Respondent violated Indiana Professional Conduct Rule 4.4(a), which prohibits using means in representing a client that have no substantial purpose other than to embarrass, delay, or burden a third person.
Discipline: The parties propose the appropriate discipline is a public reprimand.
The court adopted the proposed sanction. (Mike Frisch)