June 26, 2012
There seems to be a recent number of cases involving attorney discipline for misconduct that takes place in the context of their own divorce.
The Indiana Supreme Court accepted an agreement for discipline and imposed a 60 day suspension with automatic reinstatement in a matter where the attorney's spouse had her last name restored as part of the divorce decree. The attorney was awarded the marital home.
The attorney wanted to refinance. He had the ex-wife execute a quitclaim deed to him, which she did in her restored name. The married name was on the title.
The attorney did not become aware of the problem until the day of loan closing. He had a new deed with the married name prepared and signed his wife's married name. He then signed and notarized the deed in his secretary's name, without his ex-wife's knowledge or permission.
The misconduct apparently came to light as a result of the Secreary of State's investigation of the notarization.
The attorney had no prior discipline and was remorseful. (Mike Frisch)
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