The Indiana Supreme Court has ordered a 180-day suspension with 120 days actively served and probation for two years
At all relevant times, Respondent operated her own general practice firm in Crown Point. Respondent was retained by “Client 1” to register the client’s company with the Secretary of State and collect delinquent payments owed to the company. The invoices Respondent sent to debtors failed to include debt validation notices required by the Fair Debt Collection Practices Act (FDCPA). This failure exposed Client 1 to the possibility of civil liability and/or damages under the FDCPA.
Respondent was retained by “Client 2” to help her acquire a tax deed for a property, which Respondent did. Respondent did not discuss with Client 2 any limit on Respondent’s representation or obtain informed consent from Client 2 for such limitation. Client 2 later sold the property to another buyer. At the time of sale, the property’s title commitment specified that “the borrower must initiate Quiet Title proceedings at closing.” Neither Client 2 nor the buyer initiated a quiet title proceeding at closing. In May 2023, Respondent filed an appearance and complaint to quiet title on the buyer’s behalf, in connection with the same property for which Respondent had assisted Client 2 in obtaining a tax deed.
Respondent pervasively mismanaged her trust account. Respondent commingled client funds with her own, failed to maintain a separate checkbook for her trust account, failed to keep sufficient records for her operating and trust accounts, paid client fees and expenses from her operating account, deposited unearned legal fees into her operating account, and deposited earned legal fees into her trust account.
Respondent assisted approximately 330 clients with the tax sale process during the 2021 Lake County Tax Sale. A “137B Form” allows tax sale bidders to be reimbursed for certain expenses whenever the owner of the property redeems their interest, and the form requires a signature from the bidder certifying that the expenses listed are “true and accurate to the best of my belief.” Respondent signed client signatures on the 137B Forms before submitting them to the county auditor.
Finally, between June 2022 and December 2023, the website for Respondent’s law firm failed to identify her firm as a limited liability company (LLC).
(Mike Frisch)