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Thursday, July 09, 2015

Ind. Decisions - Supreme Court posts two disciplinary orders, dated July 8th

From In the Matter of: David W. Russell is a 2-page, 5-0 order:

On August 11, 2014, Respondent was convicted on a guilty plea to operating a motor vehicle while intoxicated (“OWI”) with a previous OWI conviction within five years, a class D felony. Respondent’s felony conviction was later modified to a misdemeanor.

The parties cite as a fact in aggravation that this is Respondent’s second conviction for an OWI-related offense. * * *

For Respondent’s professional misconduct, the Court suspends Respondent from the practice of law for a period of 90 days, beginning on the date of this order, all stayed subject to completion of at least two years of probation with JLAP monitoring.

From In the Matter of: Michael P. Krebes, a 2-page, 5-0 order:
Respondent employed L.G. from 2002 until 2013 as a paralegal, secretary, and office manager for his private practice. Respondent delegated to L.G. authority for establishing attorney-client relationships. On several occasions, L.G. collected client filing fees and converted those fees for her own personal use, and on at least two occasions L.G. provided clients with fabricated notices of automatic stay in order to conceal her conversion of bankruptcy filing fees. L.G. also stole client funds from Respondent’s trust account. In sum, L.G. misappropriated about $103,000 from Respondent’s clients. L.G.’s improper actions were caused, in part, by Respondent’s failure to appropriately supervise her and by Respondent’s improper delegation of authority to her.

Respondent has made restitution payments of about $67,000 directly to some affected clients and has made payments of about $36,000 to other attorneys so that other affected clients could secure successor counsel to have their bankruptcy matters completed. * * *

For Respondent’s professional misconduct, the Court suspends Respondent from the practice of law for a period of six months, beginning on the date of this order, all stayed subject to completion of two years of probation.

Posted by Marcia Oddi on July 9, 2015 01:18 PM
Posted to Ind. Sup.Ct. Decisions