In the Matter of Kirby
| Citation | 766 N.E.2d 351 |
| Decision Date | 12 April 2002 |
| Docket Number | No. 49S00-0108-DI-382.,49S00-0108-DI-382. |
| Parties | In the Matter of Terrence P. KIRBY. |
| Court | Supreme Court of Indiana |
Pursuant to Ind. Admission and Discipline Rule 23, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating a proposed discipline and agreed facts as summarized below.
Facts: The respondent represented a client in a personal injury claim. The respondent executed a "Doctor's Lien" by which the client's medical creditor was to have a lien on settlement proceeds. Upon receiving the settlement proceeds, the respondent failed to notify the medical creditor and gave all the net proceeds of the settlement to his client.
Violations: The respondent violated Ind. Professional Conduct Rule 1.15(b), which requires a lawyer to deliver promptly funds belonging to a third party.
Discipline: Public reprimand.
The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent.
The Clerk of this Court is directed to forward notice of this order to the respondent and his attorney; to the Indiana Supreme Court Disciplinary Commission; to the hearing officer; and to all other entities as provided in Ind. Admission and Discipline Rule 23(3)(d).
All Justices concur.
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Midtown Chiropractic v. Illinois Farmers
...a "letter of assurance" advising the client's physician that payment for medical treatment would be made upon settlement); In re Kirby, 766 N.E.2d 351 (Ind.2002) (lawyer had "executed a `Doctor's Lien' by which the client's medical creditor was to have a lien on settlement proceeds"); In re......
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Accident & Injury Med. Specialists, P.C. v. Mintz
...the clients directly conflicted. 8. For a few examples of cases from other jurisdictions in the disciplinary context, see In re Kirby, 766 N.E.2d 351, 351 (Ind.2002) (mem.) (approving a public reprimand for attorney who failed to disburse settlement funds to doctor with valid medical lien);......
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Wentz v. State
... ... Id. Although Wentz demonstrated the extensive pretrial coverage of this matter in Vanderburgh County, "[t]hat potential jurors were exposed to press coverage does not satisfy this test." Id. Wentz must also prove the jurors ... ...
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In re Allen, No. 49S00-0111-DI-613
...provision of a letter of protection memorializing the legal interest of the medical creditor in settlement proceeds. Matter of Kirby, 766 N.E.2d 351 (Ind.2002); Matter of Alvarez, 755 N.E.2d 162 (Ind.2001). In each of those cases, the attorney provided the funds to the client for delivery t......