In the Matter of Kirby
This text of 766 N.E.2d 351 (In the Matter of Kirby) 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.
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 Cireuwmstances and Conditional Agreement for Discipline stipulating a proposed discipline and agreed facts as summarized below.
Facts; The respondent represented a client in a personal injury claim. The respondent executed a "Doctor's Lien" by which the client's medical creditor was to have a lien on settlement proceeds. Upon receiving the settlement proceeds, the respondent failed to notify the medical ereditor and gave all the net proceeds of the settlement to his client.
Violations: The respondent violated Ind. Professional Conduct Rule 1.15(b), which requires a lawyer to deliver promptly funds belonging to a third party.
Discipline: Public reprimand.
The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent.
The Clerk of this Court is directed to forward notice of this order to the respondent and his attorney; to the Indiana Supreme Court Disciplinary Commission; to the hearing officer; and to all other entities as provided in Ind. Admission and Discipline Rule 28(8)(d).
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Cite This Page — Counsel Stack
766 N.E.2d 351, 2002 Ind. LEXIS 321, 2002 WL 598835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-kirby-ind-2002.