 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Fairchild11/4/2002
DISCIPLINARY ACTION
Indianapolis attorney Raymond F. Fairchild neglected the legal matters of five clients and subsequently failed to cooperate with the Disciplinary Commission during resultant investigations. Because the respondent has demonstrated significant efforts since those transgressions to rectify the conditions he claims led to his misconduct, we find today that a portion of his suspension from the practice of law we impose today for his misconduct should be suspended to probation.
This matter comes before this Court upon the hearing officer's report on the Commission's verified application for judgment on the complaint, filed pursuant to Ind. Admission and Discipline Rule 23(14)(c), and occasioned by the respondent's failure to answer timely the Commission's verified complaint for disciplinary action. The hearing officer did hold an evidentiary hearing on April 12, 2002, on issues in purported mitigation and aggravation of the respondent's conduct. Following that hearing and the hearing officer's report to this Court upon the Commission's application for judgment on the complaint, the respondent petitioned this Court for review of the hearing officer's findings, as well as to supplement the record. We find that this latter petition should be denied.
The respondent is an attorney in good standing, admitted to practice law in Indiana on September 22, 1971. He practices law in Indianapolis.
Taking the matters alleged in the Commission's verified complaint to be true, we now find that, pursuant to Count I, in 1992 a client hired the respondent to represent her in a medical malpractice case. In October 1993, the respondent filed a malpractice claim on behalf of the client before the Indiana Department of Insurance. In January 1998, the medical review panel issued its opinion that the evidence did not support a conclusion that the medical providers had failed to meet the applicable standard of care. Shortly thereafter, the respondent filed suit against the attending physician and the clinic where the injury occurred. On April 8, 1998, the defendants moved for summary judgment, based on the opinion of the medical review panel. The trial court set the motion for summary judgment for hearing on September 10, 1998. The respondent did not respond to the motion, never submitting counter- affidavits or other evidence that the defendants had breached their duty of care to the client. The respondent failed to attend the summary judgment hearing, and on September 21, 1998, the court entered summary judgment for the defendants.The respondent never advised the client that summary judgment had been entered against her. In 1999, the client contacted the court to ascertain the status of her case and only then learned that summary judgment had been entered against her. The client routinely telephoned the respondent to inquire about her case but he never took her telephone calls or called her back.
The respondent twice failed to respond to the Commission's later demands for response to the grievance the client filed against the respondent.
We find that the respondent violated Ind. Professional Conduct Rule 1.3 by failing to prepare and file with the court a response to the defendants' motion for summary judgment and failing to attend the hearing on defendants' motion for summary judgment to represent his client at that hearing; Prof.Cond.R. 1.4(a) by failing to keep the client informed about the status of her case, including the entry of summary judgment against her, and by failing to respond to her telephone calls inquiring about her case; and Prof.Cond.R. 8.1(b) by failing to respond to the Commission's demand for response to the client's grieva
Page 1 2 3 4 5 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|