M01 Assignment - Attorney Discipline

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School

Ivy Tech Community College, Indianapolis *

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170

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Law

Date

Apr 3, 2024

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docx

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Uploaded by stiening

Erica Stiening M 01 Assignment – Attorney Discipline 1. Rule 1.1 Competence. Sarah did not forward the settlement offer before it expired for Taylor to view. Sarah was not thorough or prepared. Rule 1.3: Diligence. There was a lack of promptness in forwarding the settlement offer to Taylor and no prompt return call for the six calls that went unanswered. Rule 14.: Communications (A 1,3, & 4). Did not inform Taylor of the settlement offer, did not keep her informed of the status of the matter, and did not answer any of the six calls Taylor made to check the status of the case. Rule 3.2: Expediting Litigation. Sarah did not inform Taylor of the settlement offer before it expired, slowing the litigation process. Rule 8.4 Misconduct. (A). “Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another,” which Sarah violated multiple Rules of Professional Conduct. 2. If Taylor wanted to do something about this situation, the following would be the procedure to discipline Sarah: Taylor must complete and submit a Request for Investigation form to the Disciplinary Commission to file a grievance against Lawyer Sarah. Per the website, “It's always a good idea to try to work things out with your lawyer informally. If that doesn't work, you may file a grievance with the Indiana Supreme Court Disciplinary Commission. To file a grievance, you must complete and submit a Request for Investigation form. This form is found below, or you can request that a form be mailed to you by contacting the Disciplinary Commission office at (317) 232-1807.” The form can be emailed in a PDF format or mailed. 3. “Disciplinary actions may result in disbarment, suspension from practice, public or private reproval. A lawyer who has been disbarred may no longer practice law. Some states have

Erica Stiening M 01 Assignment – Attorney Discipline provisions for disbarred lawyers to show that they have been rehabilitated and allow them to apply for the right to practice law again. A lawyer who has been suspended may not practice law for the period specified in the suspension. A public reprimand is in the form of an order that says this lawyer has done something wrong. These orders are published; therefore, the public knows about them. A private reprimand is usually published but without the lawyer’s name. This way, other lawyers can see the error, but the public does not know which lawyer was involved, so it is private. (This is also called an admonishment in some states.) Punishment can also include an order that the lawyer must make restitution to any people whom the lawyer’s misconduct has harmed, that the lawyer pays the cost of prosecution, or that the lawyer takes and passes the professional responsibility exam or any combination of those punishments. Admonishment is appropriate where a lawyer is negligent with a client's property and the client is not injured. A reprimand is appropriate when a lawyer is negligent with a client's property and the client is injured. Suspension is appropriate when a lawyer mishandles the client's property and the client is injured. Disbarment is appropriate when a lawyer knowingly steals client property.” (Orlik, Deborah K. Ethics for the Legal Professional. Available from: Yuzu Reader, (8th Edition). Pearson Education (US), 2013.) The Indiana Supreme Court lists four disciplinary sanctions: a private or public reprimand, suspension from practice for a set period, suspension from practice with reinstatement only after the lawyer proves they are fit again, and permanent disbarment. In my opinion, Sarah should receive a public reprimand. This would make others aware of the mistakes made by Sarah, this is a public order. Another option that may be fit would be a suspension for a period. I do not believe she should be suspended until she proves she is fit again, nor must she be disbarred. Lawyers must be held to high ethical standards. At the same time, a

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