Ethics & Attorney Misconduct Are Very Important Factors To Consider When Retaining An Attorney! Ask The Question, “Does The Attorney You Are Seeking To Employ Have An Ethical Background?” Here is why:
On June 21, 2012, Attorney Graham wrote a $1,100 check on her client trust account payable to herself and deposited it into her operating account. Respondent’s check ledger showed the words “HELP ME” typed adjacent to the check number. At the time, she had no more than $10 of her own funds in the trust account and no authority to exercise control over the client funds in the trust account. Respondent used the proceeds of the check to cover losses she incurred from gambling. A few days later, she wrote a $550 check on her client trust account payable to herself, again without authority. Again, her check ledger showed the words “HELP ME” typed adjacent to the check number. This check was dishonored when she presented it for payment. By June 27, 2012, Attorney Graham fully repaid the $1,100 she had converted from her client trust account. Attorney Graham admitted that she suffers from a compulsive gambling addiction (involving slot machines) which began around July 2010. She has taken a number of steps to address her gambling addiction, and other than one relapse in April 2013, but has abstained from playing slot machines since November 2012.
The Court concluded that the following stipulated facts constitute facts in mitigation: (1) Attorney had no prior disciplinary history; (2) Attorney admitted her misconduct and is remorseful; (3) Attorney made full and free disclosure to the Commission; (4) Attorney has an excellent character and reputation, supported by letters from 7 individuals, and (5) Attorney has taken steps to address her gambling addiction, including counseling, seeking services through Indiana Judges and Lawyers Assistance Program (“JLAP”), and participation in Gamblers Anonymous. The Court found that the Attorney violated these Indiana Professional Conduct Rules prohibiting the following misconduct:
Rule 8.4(b): Committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer, i.e., conversion and Rule 8.4(c): Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
The Court suspended the Attorney from the practice of law for a period of 60 days, beginning the date of this order, all stayed subject to completion of at least two years of probation on the following terms and conditions that included but was not limited to: no new violations and fulfilling JLAP monitoring agreement. All Justices concur. In re Graham, 3 N.E.3d 526