« Indiana Decisions - 7th Circuit posts one | Main | Indiana Decisions - Four today from Court of Appeals »
Thursday, December 23, 2004
Indiana Decisions - Supreme Court posts one
In the Matter of Anonymous (12/23/04 IndSCt) [Attorney Disciplinary]
Per Curiam
In this attorney discipline case, the Disciplinary Commission has charged the respondent lawyer with communicating about the subject of a representation with a party the lawyer knew was represented by another lawyer and thereby using a method of obtaining evidence that violated the legal rights of the party. We agree that the respondent committed these violations and we write today to detail the basis of our conclusion. * * *The respondent and the Commission agree that the respondent should be privately reprimanded for his misconduct. Ordinarily, we would require a more stringent sanction for misconduct such as this, where an attorney uses improper means to secure or attempt to secure an advantage during litigation. However, we are influenced here by significant factors in mitigation, most notably the fact that, once the respondent learned of counsel’s objection to the affidavit, the respondent promptly withdrew it and the motion to sever. Other mitigating factors include the respondent’s cooperation with the Commission, that fact that his actions were not motivated by his own personal gain (but rather his effort zealously to represent his client), and the fact that the respondent has no prior history of disciplinary action. In light of these mitigating factors and the agreed resolution, we conclude that a private reprimand is not inappropriate in this case.
Posted by Marcia Oddi on December 23, 2004 04:48 PM
Posted to Ind. Sup.Ct. Decisions