In Re Bamberth

737 N.E.2d 1157, 2000 Ind. LEXIS 1104, 2000 WL 1701661

• Court: Indiana Supreme Court
• Decided: November 8, 2000
• Docket: 46S00-0002-DI-113
• Status: Published

Opinion

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: While representing a client in a dissolution of her marriage, the respondent began a consensual sexual relationship with her. He completed the dissolution to her satisfaction, and continued the sexual relationship with her following the case.

Violations: By having a consensual sexual relationship with a client during the pen-dency of the representation, the respondent engaged in an impermissible conflict of interest in violation of Ind.Professional Conduct Rule 1.7(b).

Discipline: Noting the presence of significant mitigating factors in this case, this Court approves the agreed discipline and ORDERS that the respondent be suspended from the practice of law for thirty (30) days, beginning December 17, 2000, with automatic reinstatement thereafter.

Costs of this proceeding are assessed against the respondent.

All Justices concur.