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The Indiana Supreme Court has disciplined an Indianapolis attorney for his refusal to refund fees to a client after not filing a sentence modification petition.
The high court issued an order Monday suspending Richard A. Jones from the practice of law for a period of 90 days, beginning June 17, with 30 days actively served and the balance stayed subject to completion of at least 12 months of probation.
According to the Indiana Supreme Court Disciplinary Commission, after agreeing to represent a client to seek a sentence modification and accepting $5,250 in fees, Jones filed only two motions for progress reports and did not file a sentence modification petition.
The client informed Jones that he no longer wished to be represented by him and asked for a $2,500 refund of fees.
The client also hired new counsel to pursue the sentence modification, new counsel appeared on the client’s behalf, and Jones withdrew his appearance in October 2021.
Jones refused to provide the client a refund despite never filing the sentence modification petition.
Jones belatedly issued a refund of unearned fees in March 2024, during the pendency of the disciplinary proceeding.
According to the Indiana Roll of Attorneys Jones practices at the Law Office of Richard A. Jones, MBA, JD, LLC.
He also has prior discipline from 2001 In the Matter of: Richard A. Jones, 49S00-0103-DI-165, reinst. granted, 894 N.E.2d 541 (Ind. 2008).
The parties agreed that Jones violated Indiana Professional Conduct Rule 1.16 by failing to refund an unearned fee upon termination of representation.
The court also ordered Jones to pay $1160.98 by check made payable and transmitted to the Clerk of the Indiana Supreme Court for the cost of the proceedings.
Chief Justice Loretta Rush issued the order, with all justices concurring In the Matter of: Richard A. Jones, 22S-DI-406.
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