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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA suspended Fort Wayne attorney who previously failed to timely file a client’s appeal with a federal agency, ultimately leading to the claim’s dismissal after another attorney unsuccessfully tried to remedy the timeliness issue, has been publicly reprimanded by the Indiana Supreme Court.
Justices issued the discipline against Fort Wayne attorney Kerry M. Hultquist in a Monday order that approved a statement of circumstances and conditional agreement for discipline. The order says Hultquist accepted a $2,000 partial retainer to file a client’s appeal of an unspecified matter with the Department of Health and Human Services.
Hultquist missed the filing deadline and failed to respond to the client’s numerous inquiries about her case, according to the order in In the Matter of: Kerry M. Hultquist. https://www.in.gov/judiciary/files/order-discipline-2019-19S-DI-413.pdf The client then hired another attorney to file her appeal, which nevertheless was dismissed as untimely. The order notes Hultquist apologized to the client and refunded the retainer.
“The parties agree that (Hultquist) violated Indiana Professional Conduct Rule 1.3, which requires an attorney to act with reasonable diligence and promptness in representing a client, and Rule 1.4(a)(3), which requires an attorney to keep a client reasonably informed about the status of a matter,” the justices concluded.
Hultquist, who was admitted to practice in 1998, was suspended in June https://www.in.gov/judiciary/files/order-other-2019-19S-MS-335.pdf for failing to comply with continuing legal education requirements.
Costs of the proceeding are assessed against Hultquist.
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