Opinion
Case No. 49S00-0106-DI-297
May 23, 2002.
ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE
Pursuant to Ind. Admission and Discipline Rule 23, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating a proposed discipline and agreed facts as summarized below.
Facts: The respondent assumed the representation of a suspended attorney's client in defense of a subrogation claim in a personal injury case, without informing the client. The respondent thereafter failed to communicate adequately with the client and accepted a settlement agreement on the client's behalf without the client's permission. The respondent disregarded notices of deposition served on him by the insurer and a motion to compel discovery, resulting in sanctions against the client. Finally, with no substantive explanation, the respondent requested the client execute a document binding the client to the terms of the settlement agreement the respondent already had accepted.
Violations: The respondent violated Ind. Professional Conduct Rule 1.2, which requires a lawyer abide by a client's decisions concerning the objectives of representation, consult with the client as to the means by which they are to be pursued, and abide by a client's decision whether to accept an offer of settlement of a matter; Prof.Cond.R. 1.3, which requires lawyers act with reasonable diligence and promptness in representing a client; Prof.Cond.R. 1.4(a), which requires lawyers keep their clients reasonably informed about the status of a matter and promptly comply with reasonable requests for information; and Prof.Cond.R. 1.4(b), which requires a lawyer explain a matter to the extent reasonable necessary to permit the client to make informed decisions regarding the representation.
Discipline: Public reprimand.
The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent.
The Clerk of this Court is directed to forward notice of this order to the respondent and his attorney; to the Indiana Supreme Court Disciplinary Commission; to the hearing officer; and to all other entities as provided in Ind. Admission and Discipline Rule 23(3)(d).
Randall T. Shepard
Chief Justice of Indiana
Sullivan, Boehm, and Rucker, JJ., concur.
Shepard, C.J., and Dickson, J., dissent, believing that the proposed sanction is too lenient.