Duffy, Matter of, 784S302

• Decision Date: 23 September 1985
• Docket Number: No. 784S302,784S302
• Parties: In the Matter of Dawn D. DUFFY.
• Court: Indiana Supreme Court

Page 1137

482 N.E.2d 1137

In the Matter of Dawn D. DUFFY.

No. 784S302.

Supreme Court of Indiana.

Sept. 23, 1985.

Gregory M. Fudge, Staff Atty., Indianapolis, for Indiana Supreme Court Disciplinary Comn.

PER CURIAM.

This is a disciplinary case wherein the Respondent, Dawn Duffy, has been charged with four counts of professional misconduct. In accordance with Admission and Discipline Rule 23, a Hearing Officer was appointed to hear this cause and now has tendered his findings and conclusions. The Disciplinary Commission challenges the Hearing Officer's conclusion as to Count III of the Complaint, but no further objection to the Hearing Officer's report has been raised.

Under Count I of the Verified Complaint filed in this cause, the Respondent is charged with neglecting a client in violation of Disciplinary Rule 6-101(A)(3) of the Code of Professional Responsibility for Attorneys at Law; under Count II, with handling a case without adequate preparation and neglect in violation of Disciplinary Rules 6-101(A)(2) and (3); and under Count IV, with withdrawing from a case without court permission, neglect and failing to carry out a contract of professional employment in violation, respectively, of Disciplinary Rules 2-109(A)(1), 6-101(A)(3) and 7-101(A)(2).

Upon review of all matters which are now before the Court, we find, under Count I, that the Respondent had been retained by Emil Craciunoiu to defend him in a civil action filed by Merchants National Bank in the Marion Municipal Court. This action was dismissed with prejudice on October 6, 1982, and, on February 10, 1984, the Respondent filed an action on behalf of Craciunoiu against the bank. The Respondent has failed to communicate with her client since December, 1983. Also, she has changed firms and offices but has failed to notify her client of her new office.

Under Count II, we find that on March 3, 1982, the Respondent was appointed as pauper counsel for Charles Barton to perfect his appeal from the Marion Municipal Court. The Respondent failed to communicate with her client and to otherwise present an adequate appeal.

Under Count IV, we find that the Respondent was retained by Grace McLaughlin to represent her son in a criminal matter in the Marion County Criminal Court. The Respondent made two scheduled appearances on behalf of her client but thereafter failed to communicate with him and could not be contacted. As a result, the client requested and the court appointed a public defender to represent him. The Respondent has not properly withdrawn as counsel in this case.

The Hearing Officer concluded that the acts of Respondent as charged under Counts I, II and IV constituted professional misconduct as charged in the Verified Complaint. We concur and now accordingly so find.

As to Count III, the appointed Hearing Officer concluded that there was no misconduct, and the Disciplinary Commission asks this Court for review of such determination. Under this Count, the Respondent is charged with violating Disciplinary Rules 1-102(A)(1), (4), (5), and (6) by failing to answer notice of grievances and failing to provide a response to one of these notices after stating that she would.

Based on the record presented for our consideration of this issue, we find that the Respondent was notified by the Disciplinary Commission on two occasions that grievances had been filed against her. Both letters requested a response. The Respondent advised the Commission's investigator that she would respond to one of the grievances, but then failed to do so. The investigator's subsequent attempts to contact her have been unsuccessful. The record does not show conduct involving deceit, dishonesty, fraud or misrepresentation; conduct prejudicial to the administration of justice or (under this count) conduct which adversely reflects on Respondent's...