Opinion
Supreme Court Case No. 24S-DI-319
11-19-2024
In the MATTER OF: James H. LOCKWOOD, Respondent
Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline
Pursuant to Indiana Admission and Discipline Rule 23(12.1)(b), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a "Statement of Circumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below.
Stipulated Facts: Respondent represented "Client" in a protective order case. Client also worked for several months as an unpaid non-attorney assistant for Respondent. During that period, Respondent provided Client with a Dropbox cloud storage link that provided access to firm materials and client files. When Client left Respondent’s employ in January 2023, Respondent did not secure or deactivate the link. The link remained active and unsecured at least through May 2024.
Separately, while Respondent was representing a client in a paternity case, the opposing party filed a grievance against Respondent. Respondent emailed opposing counsel and threatened to bring a defamation action against the opposing party. When opposing counsel notified Respondent that the Commission had declined to pursue charges based on the grievance, Respondent responded that the opposing party had "lucked out."
Violations: The parties agree that Respondent violated these Indiana Professional Conduct Rules prohibiting the following misconduct:
1.6: Revealing information relating to representation of a client without the client’s informed consent.
8.4(d): Engaging in conduct prejudicial to the administration of justice.
Discipline: The parties propose the appropriate discipline is a public reprimand. The Court, having considered the submissions of the parties, now approves the agreed discipline and imposes a public reprimand for Respondent’s misconduct.
The costs of this proceeding are assessed against Respondent. Pursuant to the parties’ stipulation, the Court hereby orders Respondent to pay $250.00 by check made payable and transmitted to the Clerk of the Indiana Supreme Court. Because the costs taxed are payable to the Clerk for court costs, the Clerk shall retain the funds in their entirety upon receipt. The investigative expenses of the Commission, if any, will be submitted separately.
With the acceptance of this agreement, the hearing officer appointed in this case is discharged with the Court’s appreciation.
All Justices concur.