Opinion
No. MR 20221.
September 2005.
Summary of Misconduct:
Mr. Gearhart, who was licensed in 1972, was censured. He engaged in a conflict of interest when he filed a petition on behalf of a client to be appointed guardian for an elderly woman, alleging that the elderly woman was not competent. A month later, he filed a pleading on behalf of the elderly woman to resist a relative's effort to be appointed guardian, asserting that the elderly woman was competent.
Order of the Court:
The motion by the Administrator of the Attorney Registration and Disciplinary Commission to approve and confirm the report and recommendation of the Hearing Board is allowed, and respondent Gary L. Gearhart is censured.