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In re Hogan

Supreme Court of Indiana

April 3, 2014

In the Matter of: Frank W. HOGAN, Respondent

Robert D. Rucker, Acting Chief Justice of Indiana. All Justices concur, except Dickson, C.J., who did not participate.

OPINION

Robert D. Rucker Acting Chief Justice.

PUBLISHED ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Pursuant to Indiana Admission and Discipline Rule 23(11), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a " Statement of Circumstances and Conditional Agreement for Discipline" stipulating agreed facts and proposed discipline as summarized below:

Stipulated Facts:

Respondent commingled personal funds, his client funds, and funds of his law firm in an attorney trust account. From January through April

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2013, Respondent made 46 disbursements from the trust account for personal or business purposes. Because he kept insufficient records, he is unable to identify the source, payee, and/or client beneficiary of five disbursements from his trust account. During this same time period, Respondent made approximately 23 cash withdrawals from his trust account, and he made approximately 14 disbursements from his trust account via electronic transfer.

The parties cite the following facts in aggravation: (1) Respondent has substantial experience in the practice of law; and (2) Respondent's actions were part of a pattern of misconduct. The parties cite the following facts in mitigation: (1) Respondent has fully cooperated with the Commission; and (2) Respondent has no disciplinary history.

Violations:

The parties agree that Respondent violated these rules prohibiting the following misconduct:

Ind. Professional Conduct Rule 1.5(a): Commingling client and attorney funds and failure to maintain complete records of client trust account funds and keep them for a period of five years after termination of the representation.
Ind. Admission and Discipline Rules:
23(29)(a)(2): Failure to create or retain sufficiently complete ...

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