Delegation To Untrustworthy Employee Draws Suspension

A 60-day suspension has been imposed by the Indiana Supreme Court

Respondent employed nonlawyer Heather Brant from 2001 until 2018. Respondent delegated broad authority to Brant to handle most office tasks, including client communication, banking, and electronic court filing. Respondent also failed to maintain appropriate trust account records.

Over the course of several months in 2018, Brant stole several thousand dollars from the firm’s operating account, overdrafted the firm’s trust account, and fraudulently created several purported court orders and other legal documents. Brant’s improper actions were enabled in significant part by Respondent’s failure to appropriately supervise her.

The parties cite Respondent’s substantial experience in the practice of law as a fact in aggravation. In mitigation the parties cite among other things Respondent’s lack of prior discipline, his lack of dishonest or selfish motive, his restitution to affected clients, and his cooperation with the disciplinary process.

(Mike Frisch)