In re DeWitt

374 N.E.2d 514, 268 Ind. 160, 1978 Ind. LEXIS 657
CourtIndiana Supreme Court
DecidedApril 17, 1978
DocketNo. 576S138
StatusPublished
Cited by4 cases

This text of 374 N.E.2d 514 (In re DeWitt) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re DeWitt, 374 N.E.2d 514, 268 Ind. 160, 1978 Ind. LEXIS 657 (Ind. 1978).

Opinion

Per Curiam.

This is a disciplinary proceeding before this Court on an amended seven-count complaint filed by the Disciplinary Commission of the Supreme Court pursuant to Admission and Discipline Rule 23, § 12. On June 13, 1977, this Court suspended the respondent from the practice of law in this State pending the final determination of this cause.

The hearing officer appointed by this Court scheduled this matter for hearing on October 12, 1977. Service of the respondent was made by filing the notice with the Clerk of this Court who then in turn provided an affidavit that the notice of the hearing was forwarded to the respondent’s address as shown on the records of the Clerk’s office. Additionally, the Disciplinary Commission attempted to serve, by certified mail, the notice of hearing to all known, possible addresses of the respondent. We find that the respondent was served under the authority of Admission and Discipline Rule 12(d).

The respondent did not appear at the scheduled hearing on October 12, 1977. After finding that service had been accomplished, the Hearing Officer conducted a hearing into the charges of misconduct lodged against the respondent. The Hearing Officer’s findings of fact and conclusions are now before this Court for review pursuant to Admission and Discipline Rule 23, § 15 (a).

The respondent is charged under the Amended Complaint with conduct involving dishonesty, fraud, deceit, or misrepresentation, conduct adversely reflecting on his fitness to practice law, conduct violative of the disciplinary rules, neglect of entrusted legal matters, failing to seek the lawful objectives of his clients, failing to carry out his contracts of employment, damaging and prejudicing the interests of his clients during the course of representation, not depositing client’s funds in [162]*162an identifiable account, not promptly paying over client’s funds, not promptly notifying clients of the receipt of their funds, illegal conduct involving moral turpitude, conduct prejudicial to the administration of justice, knowingly engaging in illegal conduct, failing to disclose that which is required by law to be revealed, knowingly making false statement of law and fact, the creation of false evidence, engaging in discourteous or degrading conduct before a tribunal, and habitually violating a rule of procedure.

After examining all matters which have been submitted in this cause, this Court now adopts and accepts as its own the findings of fact submitted by the Hearing Officer appointed in this cause. Accordingly, under Count I of the Amended Complaint, this Court now finds as follows:

1. Mr. and Mrs. Delbert Woolwine contracted with Family Financial Counselors to arrange a loan consolidation. After satisfying their obligation to Family Financial Counselors, the Woolwines assumed that those creditors which had been parties to the debt consolidation were satisfied. However, shortly thereafter, one of the creditors, Town and Country Charge, instituted proceedings against the Wool-wines for the balance of a debt, which Family Financial Counselors had contracted to satisfy. Town and Country obtained a default judgment against Woolwines and by instituting proceedings supplemental to execution were able to garnish Mr. Woolwine’s wages. In an effort to end the garnishment and seek satisfaction from Family Financial Counselors, the Woolwines on April 30, 1971, retained the Respondent, Clifford DeWitt.
2. Upon being hired, Respondent promised to take action to have the garnishment order which had been obtained by Town and Country Charge lifted and to file suit against Family Financial Counselors for their alleged breach of contract.
3. No action had been taken to protect the client’s wages as of August 22, 1975, the date he filed a complaint on this matter with the Disciplinary Commission, and as a result, the client suffered garnishment until the Five Hundred Dollar ($500.00) judgment was satisfied.
4. Between April, 1971, and May, 1972, the clients frequently contacted Respondent about preparing their case [163]*163against Family Financial Counselors for court. Respondent sent a letter to his • clients advising that their case was set for trial on May 18, 1972, when in fact he had not yet filed the case.
5. Respondent delayed his clients through letters, telephone calls, and promises, until early in 1974, when in an attempt to discover the status of their action the clients contacted Marion County Municipal Court 7, where the case was allegedly filed, and discovered that the matter had in fact, never been filed.
6. Only after Respondent was confronted by his client with the discovery that the case had not been filed did Respondent actually file the case. The case was set for trial on September 16, 1974, at which time it was continued. Re.spondent has taken no further action of record since that time. ■ •

Under Count III, IV, V, and VI of the Amended Complaint, adopting the findings of the Hearing Officer, this Court now finds as follows:

Count III
1. The Respondent was hired by Mr. George Avalos in April, 1973, to assist in the purchase of a certain real estate lot in Meridian Woods, a subdivision of the City of Indianapolis, the sale of said lot being handled by Cook Realty Company.
2. The sum of One Thousand Dollars ($1,000.00) was given by Mr. Avalos to the. Respondent for use as a down-payment on that lot.
3. No action was taken by Respondent to purchase the aforementioned lot, even though it was for sale during April, May, and until June 4,1973.
4. The Respondent falsely represented that he had attempted to purchase the property through negotiations with Cook Realty Company and that the property was not for sale.
5. When the client requested the return of the aforementioned One Thousand Dollars ($1,000.00) as a result of the failure of the land transaction to be consummated, the Respondent refused.
6. The Respondent kept the One Thousand Dollars ($1,000.00) until sometime after Mr. Avalos filed his complaint with the Disciplinary Commission of this Court on February 5, 1975. It was only after said grievance was [164]*164filed and the grievant engaged the services of another attorney, Duge Butler, was the sum returned. '
Count IV
1. The aforementioned Mr. George Avalos received an electric shock while working on a project at 4730 South Arlington Avenue on February 21, 1973. The Respondent herein was employed sometime thereafter to take action against Indianapolis Power and Light Company based on that accident.
2. The Respondent failed to inform his client as to the progress of this case.
3. The claim against Indianapolis Power and Light Company was pursued by the Respondent.
4. Said claim was settled without his client’s knowledge or consent on May 15, 1973, for $300.00. A check dated May 14, 1973, for that amount drawn on the account of the American States Insurance made payable to George A. Avalos and Clifford M. DeWitt, his attorney, was given in exchange for a release of the claim.
5.

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Related

Matter of Shumate
647 N.E.2d 321 (Indiana Supreme Court, 1995)
James v. State
454 N.E.2d 1225 (Indiana Court of Appeals, 1983)
Davis v. State
446 N.E.2d 1317 (Indiana Supreme Court, 1983)
Matter of Walton
427 N.E.2d 654 (Indiana Supreme Court, 1981)

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Bluebook (online)
374 N.E.2d 514, 268 Ind. 160, 1978 Ind. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dewitt-ind-1978.