Opinion
85S00-0109-DI-390
Filed 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 represented a client in his appeal of the trial court's denial of postconviction relief The respondent failed to litigate the case adequately, communicate with his client, and abide by a court directive to contact his client. The respondent's inaction eventually led to the appeal's dismissal. Later, he failed to comply with the Commission's demands for a response to the client's grievance.
Violations: The respondent violated Ind. Professional Conduct Rule 1.3, which requires lawyers to 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; Prof.Cond.R. 8.1 (b), which requires lawyers respond to the Commission's lawful demand for information; and Prof.Cond.R. 8.4(d), which requires lawyers refrain from conduct prejudicial to the administration of justice.
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
All Justices concur.