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Indianapolis Bar Association Applied Professionalism Course October 29, 2015 10 Reasons You Meet the Disciplinary Commission Kent Newton & Alan A. Bouwkamp NEWTON BECKER BOUWKAMP PENDOSKI, PC 3755 East 82nd Street, Suite 220 Indianapolis, IN 46240
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2013- 2014 INDIANA SUPREME COURT ANNUAL REPORT ATTORNEY DISCIPLINE CASE HIGHLIGHTS FOR JULY 1, 2013 TO JUNE 30, 2014 1,678 Requests for Investigation Submitted to the Commission by the Public – Last year there were 1,474 54 Misconduct Charges Filed by Commission 81 Final Orders of Discipline (53 Published; 28 Unpublished) 114 Overdraft Notices 180 CLE/Fees Suspensions for Failure to Fulfill Mandatory Education Requirements or Pay Fees
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GRIEVANCES BY CASE TYPE AND MISCONDUCT ALLEGED 2012-2013 INDIANA SUPREME COURT DISCIPLINARY COMMISSION ANNUAL REPORT : Administrative Matters 38 5.41% Adoption40.57% Bankruptcy7110.10% Collection223.13% Condemnation00.00% Contracts507.11% Corporate60.85% Criminal18125.75% Domestic Relations9713.80% Guardianship101.42% Other Judicial Action71.00% Patent, Copyright20.28% Personal Misconduct537.54% Real Estate263.70% Tort649.10% Probate365.12% Unauthorized Practice of Law20.28% Worker's Compensation40.57% Zoning10.14% Other294.13% TOTAL703100%
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ALLEGED MISCONDUCT INDIANA SUPREME COURT DISCIPLINARY COMMISSION ANNUAL REPORT : Action in Bad Faith 121.09% Advertising232.10% Bypassing Other Attorney121.09% Communications/ Non-Diligence29927.28% Conflict of Interest433.92% Conversion272.46% Disclosure of Confidences5.46% Excessive Fee605.47% Fraud272.46% Illegal Conduct524.74% Improper Influence635.75% Improper Withdrawal19417.7% Incompetence12311.22% Minor Disagreement10.09% Minor Fee Dispute181.64% Misinforming534.84% Overreaching181.64% Personal Misconduct555.02% Solicitation111.00% TOTAL1096100%
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Promises, promises
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It isn’t in writing
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Who is the client?
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Fees and getting them
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Contempt of client
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You don’t call, you don’t write
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Don’t be prepared
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Drowning in ignorance
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Don’t ask; don’t be told
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Saying goodbye
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