July 5, 2011
The Indiana Supreme Court approved a 180 day suspension without automatic reinstatement under the following circumstances:
Respondent was appointed to represent a client as his public defender in a criminal matter. Not aware of this, the client's father asked Respondent to represent the client. Respondent accepted $1,000 from the client's father and continued to represent the client as a public defender. Respondent did not return the $1,000 to the client's father...
The parties cite the following additional facts in aggravation: (1) Respondent's misconduct demonstrates a dishonest and selfish motive; (2) the client was vulnerable and reliant on Respondent as a result of the client's incarceration; and (3) Respondent's admission to the bar in 1979, experience as a public defender since 1980, and prior discipline should have given him insight into the wrongfulness of his misconduct.
The parties cite the following facts in mitigation: The parties cite the following facts in mitigation: (1) Respondent was cooperative with the Commission; and (2) Respondent has made restitution by paying $1,000 to the client's father.
The attorney has a record of prior discipline. (Mike Frisch)
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