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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA Cincinnati lawyer also licensed to practice in Indiana has been publicly reprimanded after he was found to have knowingly disobeyed court orders in a Lake County case and to have failed to timely respond to requests from the Indiana Supreme Court Disciplinary Commission.
In early 2013, Cincinnati law partner William B. Fecher entered an appearance on behalf of a defendant in a Lake County breach of contract suit. However, Fecher failed to timely comply with discovery requests, leading to an $800 attorney fees award for the plaintiff. Then, both Fecher and the company he was representing failed to appear for court-ordered mediation and for subsequent show cause proceedings, leading to a $2,000 contempt sanction to be paid jointly and severally.
The plaintiff was then awarded summary judgment and the matter was set for a proceedings supplemental hearing, which Fecher and his client also missed. Show cause proceedings were thus begun again, but the two still did not attend the hearing.
The Disciplinary Commission then began an investigation, but Fecher did not respond to a demand for information and was ultimately suspended for noncooperation in 2015. His suspension was eventually reinstated later that year.
In a Friday disciplinary order, the Supreme Court pointed to Fecher’s “substantial experience in the practice of law” as an aggravating factor, yet noted as mitigators his remorse, lack of prior discipline, lack of dishonest or selfish motive and payment of monetary sanctions out of his own funds. While Fecher admitted to violating Indiana Rule of Professional Conduct 8.1(b) and did not contest the finding that he violated Rules 3.4(c) and 8.4(d), the justices found in his favor on an alleged violation of Rule 1.14(a)(1).
The court then agreed with the hearing officer that Fecher should be publicly reprimanded and imposed the public reprimand for his violations. All justices concurred.
The costs of the proceeding, In the Matter of: William B. Fecher, Respondent, 98S00-1610-DI-552, are assessed against Fecher.
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