Monday, July 17, 2017

Estate Of Delay

The Indiana Supreme Court has imposed a stayed 30-day suspension and probation for an attorney's mishandling of several estate matters.

Count 1. In February 2009 Respondent was retained to serve as the attorney for an estate. From 2010 through 2016, Respondent failed to keep the co-executors reasonably informed about the status of the case, despite several requests from one of the coexecutors. Respondent failed to timely file the estate’s income tax returns and inheritance tax returns. In November 2016, after administering the estate, Respondent closed the estate.

Count 2. Between 1991 and 2014, Respondent filed 21 separate estates in LaGrange Circuit Court that were not closed by October 24, 2016. Since that time, Respondent has closed 14 of those 21 estates. None of the personal representatives or beneficiaries of these old estates have complained of Respondent’s handling of those cases. The parties cite no facts in aggravation. In mitigation the parties cite Respondent’s lack of prior discipline, her making of restitution, her cooperation with the disciplinary process, her remorse, and her recent progress in closing the majority of old estates.

Note the comment that provides additional information about the attorney's political career (link here to Ballotpedia.). (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/07/the-indiana-supreme-court-has-imposed-a-30-day-suspension-for-an-attorneys-mishandling-of-several-estate-matters-count-1-i.html

Bar Discipline & Process | Permalink

Comments

not JUST an attorney but a State Senator and Assistant President Pro Tempore of the Indiana Sate Senate.

Posted by: Gary | Jul 17, 2017 11:43:28 AM

Since Glick is a lawyer, she is a member of the judicial branch of Indiana state government. By simultaneously holding office in the legislative branch of that state, she is in violation of the fundamental principle of our laws, the separation of powers. As it is in Ohio, so it is in the other states:

"The separation of powers doctrine is a fundamental principle in both the federal and state Constitutions. Although there is no explicit provision in the Ohio Constitution, there is no doubt that the principle is implied by the distribution of powers to the three branches of government..." (27 Ohio App. 3d)

Now, let’s see. To prosecute lawyer Glick we must take the case to…lawyers! And the judge who would be in charge of the case is a former…lawyer! So we have another violation of our constitutions, which require impartial tribunals.

Never mind that lawyer discipline is also in the hands of lawyers. Self-regulation is no regulation. It is intolerable that we allow lawyers to regulate themselves, because that is the cause of many of our problems. But cases before disciplinary boards are not court cases.

In court cases, never mind all that high-falutin legal blather about avoiding even the appearance of a conflict of interest. If it were enforced, the legal business would suffer a blow from which it would never recover. We should have delivered that blow more than a century ago, when the business of law took its modern form.

But no lawyer is going to let that happen. It is up to the rest of us. We have the power to reform the business of law under the Tenth Amendment of the US Constitution. But we do not yet have the will, mainly because virtually none of us recognize the problem.


Posted by: George Fleming | Jul 20, 2017 1:46:06 AM

Post a comment