In re Right

685 N.E.2d 472
CourtIndiana Supreme Court
DecidedSeptember 19, 1997
DocketNo. 49S00-9509-DI-1110
StatusPublished
Cited by1 cases

This text of 685 N.E.2d 472 (In re Right) 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 Right, 685 N.E.2d 472 (Ind. 1997).

Opinion

DISCIPLINARY ACTION

PER CURIAM.

The Disciplinary Commission charges that the respondent, Paula Thrun Right, engaged in six counts of professional misconduct, five arising from her representation of clients and one arising out of a criminal conviction. The Commission and the respondent now have tendered for this Court’s approval a Statement of Circumstances and Conditional Agreement for Discipline in resolution of this case. Our disciplinary jurisdiction is conferred by the respondent’s admission to this state’s bar on October 10,1973.1

The parties agree that the respondent engaged in misconduct and that she therefore should be suspended from the practice of law for not less than three years. We find that the parties’ agreement should be approved.

Preliminarily, we note that the respondent was suspended by this Court on May 27, 1994, for failing to comply with continuing legal education requirements and, at the time of hearing of this matter, had not been reinstated. Further, this Court suspended the respondent pendente lite on October 11, 1996, upon notice that she had been convicted of a crime punishable as a felony. lnd.Ad-mission and Discipline Rule 23(11.1).

Under Count I of the Commission’s Amended Verified Complaint for Disciplinary Action, the parties agree that on February 26, 1992, a client met with the respondent concerning representation in a contemplated marital dissolution. The respondent prepared a petition for dissolution, summons, and an order to appear, but did not file the papers, instead holding them pending further instructions from her client. On September 15, 1993, the client informed the respondent that she wished to proceed [473]*473and paid to respondent a $200 retainer. The respondent filed the dissolution petition on September 24, 1993. On October 12, 1993, both the client and respondent appeared at a preliminary hearing. After the hearing, the respondent prepared a child support card for the county clerk’s office and an income withholding order for payment of child support. The dissolution was set for a call of the docket in early March of 1994, but was later dismissed by the court on March 15, 1994 for failure to prosecute. The respondent never notified the client of the dismissal.

We find that by allowing the dissolution ease to be dismissed for failure to prosecute, the respondent failed to act with reasonable diligence and promptness in representing the client in violation of Ind.Professional Conduct Rule 1.3.2 By failing to inform her client that the pending divorce action was set for call of the docket and, later, dismissed for failure to prosecute, the respondent violated Prof.Cond.R. 1.4(a)3. The respondent’s failure to respond to the trial court’s call of the docket in March of 1994, resulting in the dismissal of the dissolution action, represented a failure to make reasonable efforts to expedite litigation consistent with the interests of her client in violation of Prof.Cond.R. 3.2.4

Pursuant to Count II, the parties agree that the respondent entered an appearance on behalf of a client on October 28,1993, in a post-dissolution matter pending in Hamilton Circuit Court. The client paid the respondent a total of $100 for the representation. A contempt hearing was scheduled for June 6, 1994, at which the client was ordered to appear to show cause why he should not be held in contempt for failing to comply with a property settlement. The respondent instructed the client not to attend the hearing because it had been continued. In fact, the contempt hearing proceeded as scheduled, although both the respondent and the client failed to ’ appear. The respondent’s client was found to be in contempt and, on September 2, 1994, a judgment was entered against him in the amount of $9,892.96. Thereafter, the respondent failed to return the client’s telephone calls. During the course of the representation, the respondent was suspended from the practice of law, but never informed her client or the court of such suspension.

We find that by failing to appear at the contempt hearing, the respondent violated Prof.Cond.R. 1.3. By failing to respond to her client’s repeated requests for information following the missed hearing, the respondent violated Prof.Cond.R. 1.4(a). By failing to properly explain to the client the pending contempt proceeding, the respondent violated Prof.Cond. R. 1.4(b).5 By failing to appear at the contempt proceeding on behalf of her client and by failing to notify her client or the court of her suspension from the practice of law, the respondent engaged in conduct that is prejudicial to the administration of justice and thus violated Prof.Cond.R. 8.4(d).6

Pursuant to Count III, the parties agree that a client hired the respondent on March 28, 1994, to defend him against a criminal charge, paying the respondent $350. The respondent entered an appearance on his behalf on April 21, 1994. Despite her suspension from the practice of law, the respondent appeared at a bench trial on July 2, 1994, after which the client was convicted [474]*474and sentenced. The respondent informed the client that he had an “excellent chance” on appeal and agreed to handle the appeal. She also informed him that she would file the necessary papers to stay his sentence pending the appeal. The client paid the respondent $1,000 for the appeal. On October 6, 1994, the state moved to revoke the client’s probation due to his failure to complete community service and to pay his court costs. Although the respondent filed a Praecipe for Record of Proceedings with the trial court, she never filed an appeal on behalf of the chent or attempted to stay his sentence pending appeal. The respondent never informed the chent or the court of her suspension from the practice of law.

We find that, by her conduct in Count III, the respondent violated Prof.Cond.R. 1.3 by failing to provide prompt and diligent representation in regard to the chent’s contemplated appeal, and Prof.Cond.R. 1.4(b) by failing adequately to inform the client of the status of his planned appeal. The respondent violated Prof.Cond.R. 5.5(a) by representing her chent after being suspended from the practice of law.7 By faihng to take action in regard to her chent’s appeal, by practicing law while suspended, and by faffing to notify the chent or the court of her suspension, the respondent engaged in conduct that is prejudicial to the administration of justice in violation of Prof.Cond.R. 8.4(d).

Under Count IV, the parties agree that a chent hired the respondent to represent her in a civil action against the Ghent’s parents for damages resulting from sexual abuse. The respondent agreed to represent the chent on a contingency fee basis; however, the respondent produced no written fee agreement to memorialize the agreement. On June 25, 1990, the respondent filed suit on her chent’s behalf. An answer was filed on November 8, 1990. On July 1, 1991 and December 15, 1992, the court ordered hearings pursuant to Trial Rule 41(E) in hght of the respondent’s apparent failure to prosecute the action. In both instances, cause was shown why the case should not be dismissed. Neither the respondent nor her chent appeared at a pre-trial conference on September 3, 1991. On February 15, 1993, respondent and defendant’s counsel appeared telephonieally for a pretrial conference and the matter was set for jury trial on April 4,1994.

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Related

Matter of Kight
685 N.E.2d 472 (Indiana Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
685 N.E.2d 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-right-ind-1997.