Disciplinary Actions – 7/31/13

The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct. The Indiana Commission on Judicial Qualifications brings charges against judges, judicial officers, or judicial candidates for misconduct. Details of attorneys’ and judges’ actions for which they are being disciplined by the Supreme Court will be included unless they are not a matter of public record under the court’s rules.

Disbarment
Joseph Stork Smith, of Hamilton County, has been disbarred by the Indiana Supreme Court, effective Aug. 28. In 2010, Smith authored a book purporting to be a true autobiographical account of his 20-year relationship with a former client who was active in politics and at one point held a high-level job in the federal government. The two had a sexual relationship for some time during this period. He apparently wrote the book to try to recoup some of the money he claimed she owed in legal fees.

The justices found Smith violated Indiana Professional Conduct Rules 1.7: Representing a client when there is a concurrent conflict of interest due to the lawyer’s personal interests without obtaining the client’s informed, written consent; 1.9(c)(1): Using information relating to the representation to the disadvantage of a former client except as rules permit or require, or when information becomes generally known; 1.9(c)(2): Revealing information relating to the representation of a former client except as rules permit or require; 7.1: Making a false or misleading communication about the lawyer or the lawyer’s services; 8.4(c): Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and 8.4(e): Stating or implying an ability to influence improperly a government agency or official.Most of the rule violations stem from statements made in the book.•