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Tuesday, October 06, 2009
Ind. Decisions - Supreme Court issues anonymous disciplinary ruling
In the Matter of: Anonymous, issued Oct. 5th, is a 4-page per curiam opinion:
We find that Respondent engaged in attorney misconduct by failing to surrender to a former client papers to which he was entitled. * * *The Commission contends Respondent should receive a public reprimand, arguing that Respondent's misconduct was intentional, that Client's incarceration made him a vulnerable victim, and that Client's interests were harmed by not receiving the discovery materials when requested. The Court, however, notes in mitigation that there was no complaint about the quality of Respondent's representation, that there is no showing of any actual legal harm to Client, and Respondent has no prior disciplinary record in over 25 years of practice. On balance, we conclude that a private reprimand is sufficient under the circumstances of this case.
The Court concludes that Respondent violated Professional Conduct Rule 1.16(d) by not providing Client a copy of the State's responses to his discovery request after Client requested it in his February 2, 2007, letter. For Respondent's professional misconduct, the Court imposes a private reprimand.
Posted by Marcia Oddi on October 6, 2009 12:33 PM
Posted to Ind. Sup.Ct. Decisions