G. Michael WitteExecutive Secretary

Indiana Supreme Court Disciplinary Commission

ETHICAL PERILS OF SOLO AND SMALL FIRM PRACTICE

BY THE NUMBERS (fiscal 2010)

1,542 - grievances filed (fiscal 2010)906/636 - dismissals to request for

response40/63 - VC’s filed and # of counts____________________________________

17,187 – active, in good standing2,755 – inactive, in good standing1,245 – pro hac vice (temporary

admission)8.47 grievances for every 100 active

lawyer

LAW LICENSE STATUSAdministrative Status

Active - Admis.& Disc. Rule 2(b)

Inactive – Admis. & Disc. Rule 2(c)

Retired – Admis. & Disc Rule 2(d)

Withdraw – Admis. & Disc. Rule 2(l)

Deceased

Discipline StatusSuspension –

Admis. & Disc. Rule 23(3)(a)With or W/O auto

reinstatement - 180 day rule

Disbarment – Admis. & Disc. Rule 23(3)(a)

Resignation – Admis. & Disc. Rule 23(17)

LAW LICENSE STATUS

In re Barce, 934 NE2d 732 (Ind. 2010)

In re Rocchio, 943 NE2d 797 (Ind. 2011)

LAWYER ADVERTISING

Prof. Cond. R. 7.3 – Direct Contact With Prospective Clients and Targeted Solicitations

Prof. Cond. R. 7.5 – Firm Names and Letterheads

Admis. Disc. R. 27 – Professional Corporations, Limited Liability Companies, and Limited Partnerships

TRUST ACCOUNTS

Admis. Disc. R. 23(29)

Trust Account Manual

Trust Account School

SUPERVISING EMPLOYEESProf. Cond. R. 5.3 – Responsibilities

Regarding Non-lawyer Assistants

Use of Non-lawyer Assistants Guidelines 9.1 – 9.10

CasesIn re Litz, 950 N.E.2d 291 (2010)In re Anonymous, 929 N.E.2d 778 (2010)In re Schuyler, 894 N.E.2d 543 (2008)In re Anonymous, 876 N.E.2d 333 (2007)

ATTORNEY FEES

In re Powell, 953 N.E.2d 1060 (2011)

In re Hammerle, 952 N.E.2d 751 (2011)

In re Kray, 938 N.E.2d 218 (2010)

In re Lauter, 933 N.E.2d 1258 (2010)

In re O’Farrell, 942 N.E.2d 799 (2011)

In re Rawls, 936 N.E.2d 812 (2010)

In re Zielinski, 943 N.E.2d 809 (2011)

REPORTING LAWYER MISCONDUCT – Rule of Prof. Cond. 8.3(a)

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

REPORTING LAWYER MISCONDUCT – Admis. and Disc. Rule 23(11.1 )(a)(2)

An attorney licensed to practice law in the State of Indiana who is found guilty of a crime in any state or of a crime under the laws of the United States shall, within ten (10) days after such finding of guilt, transmit a certified copy of the finding of guilt to the Executive Secretary of the Indiana Supreme Court Disciplinary Commission.

REPORTING LAWYER MISCONDUCT – Admis. and Disc. Rule 23(11.1 )(a)(1)

“The judge of any court in this state in which an attorney is found guilty of a crime shall, within ten (10) days after the finding of guilt, transmit a certified copy of proof of the finding of guilt to the Executive Secretary of the Indiana Supreme Court Disciplinary Commission.”

Confusion with felony conviction procedure.

REPORTING LAWYER MISCONDUCT - Code of Judicial Conduct

Canon 2, Rule 2.15(B) – A judge having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question regarding the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate authority.

Canon 2, Rule 2.15(C) – A judge who receives credible information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct shall take appropriate action.