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Tuesday, April 08, 2014

Ind. Decisions - Attorney disciplined for commingling client and attorney funds

In In the Matter of: Frank W. Hogan, a Supreme Court disciplinary order filed April 3 and posted yesterday, a 4-0 opinion in which CJ Dickson did not participate, the Court writes:

Stipulated Facts: Respondent commingled personal funds, his client funds, and funds of his law firm in an attorney trust account. From January through April 2013, Respondent made 46 disbursements from the trust account for personal or business purposes. Because he kept insufficient records, he is unable to identify the source, payee, and/or client beneficiary of five disbursements from his trust account. During this same time period, Respondent made approximately 23 cash withdrawals from his trust account, and he made approximately 14 disbursements from his trust account via electronic transfer. * * *

For Respondent's professional misconduct, the Court suspends Respondent from the practice of law for a period of six months, effective date of this order, all stayed subject to completion of 18 months of probation. * * *

Notwithstanding the expiration of the minimum term of probation set forth above, Respondent's probation shall remain in effect until it is terminated pursuant to a petition to terminate probation filed under Admission and Discipline Rule 23(17.1).

Posted by Marcia Oddi on April 8, 2014 01:38 PM
Posted to Ind. Sup.Ct. Decisions