In the Matter of Carroll

929 N.E.2d 198, 2010 Ind. LEXIS 404, 2010 WL 2571868

• Court: Indiana Supreme Court
• Decided: June 24, 2010
• Docket: 49S00-0911-DI-536
• Status: Published

Opinion

PUBLISHED ORDER APPROVING STATEMENT OF CIRCUM - STANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Pursuant to Indiana Admission and Discipline Rule 23(11), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a "Statement of Cireumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below:

Stipulated Facts: Respondent represented Clients in an action asserting claims related to fire restoration work provided to the defendants. Respondent then failed to respond to a motion to strike certain defendants from the case, failed to notify Clients in a timely manner when the court granted the motion, failed to respond to the majority of Clients' requests for information, and eventually withdrew from the case. The parties cite no facts in aggravation. Facts in mitigation are Respondent's lack of disciplinary history and his cooperation with the Commission.

Violations: The parties agree that Respondent violated these Indiana Professional Conduct Rules prohibiting the following misconduct:

1.3: Failure to act with reasonable diligence and promptness.

1.4(a)(8): Failure to keep a client reasonably informed about the status of a matter.

l Failure to comply promptly with a client's reasonable requests for information.

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. With the acceptance of this agreement, the hearing officer appointed in this case is discharged.

The Clerk is directed to forward a copy of this Order to the hearing officer, to the parties or their respective attorneys, and to all other entities entitled to notice under Admission and Discipline Rule 28(8)(d). The Clerk is further directed to post this order to the Court's website, and Thomson Reuters is directed to publish a copy of this order in the bound volumes of this Court's decisions.

All Justices concur.