IN THE
SUPREME COURT OF INDIANA
IN THE MATTER OF )
) CASE NO. 49S00-0303-DI-97
ANONYMOUS )
DISCIPLINARY ACTION
May 5, 2003
Per Curiam.
The respondent attorney in this attorney disciplinary action hired an attorney who had
been suspended from the practice of law to work in her law office,
first as a bookkeeper, then as a paralegal. The suspended attorney had
been recommended to the respondent by another attorney as a suspended attorney looking
for work. We find today that the working arrangement was impermissible because
of the employee-attorneys suspension.
The respondent and the Indiana Supreme Court Disciplinary Commission have submitted to this
Court for approval a
Statement of Circumstances and Conditional Agreement for Discipline calling
for a private reprimand for the respondents actions. To make it
clear that it is impermissible for an Indiana attorney to employ a suspended
or disbarred attorney to perform work of any kind in a law office,
we issue this opinion while preserving the respondents anonymity.
A suspended or disbarred attorney shall not maintain a presence or occupy an
office where the practice of law is conducted. Ind. Admission and Discipline Rule
23, Section 26(b) (effective February 1, 1998). A
n attorney whose license to
practice law has been removed is prohibited from maintaining a presence or occupying
an office where the practice of law is conducted so the public is
not misled into believing that the attorney is still authorized to practice law.
See, e.g., Matter of DeLoney, 689 N.E.2d 431 (Ind. 1997) (finding an attorney
to be in contempt of this Court for performing various duties in a
law office after being disbarred). Accordingly, the analogue to this rule is
also clear, especially in light of express provisions delineating a supervising attorneys obligations
regarding legal assistants
See footnote
an attorney may not employ a suspended or disbarred attorney
in her law office. And should the suspended or disbarred attorneys activities go
beyond mere administrative or paraprofessional acts and constitute the practice of law, the
employing attorney may well be guilty of violation of additional provisions of the
Rules of Professional Conduct for Attorneys at Law. See, e.g., Matter of
Scott, 739 N.E.2d 658 (Ind. 2000) (finding that the respondent attorney violated Ind.Professional
Conduct Rule 5.5(b), which provides that a lawyer shall not assist a person
who is not a member of the bar in the performance of activity
that constitutes the unauthorized practice of law, where the respondent lawyer employed a
disbarred lawyer in his law office and where the disbarred lawyer engaged in
activities which constituted the practice of law); Matter of Jackson, 682 N.E.2d 526
(Ind. 1997) (same).
In the present case, the respondents employment of the suspended attorney in her
law office was impermissible. We find that the agreed discipline, a private
reprimand, is appropriate under the circumstances of this case. Accordingly, the
respondent shall be issued a private reprimand.
Footnote:
See generally Rules of Professional Conduct, Use of Legal Assistants, Guideline 9.1
(providing, inter alia, that, A lawyer is responsible for all of the professional
actions of a legal assistant performing legal assistant services at the lawyers direction
and should take reasonable measures to insure that the legal assistants conduct is
consistent with the lawyers obligations under the Rules of Professional Conduct.).