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In re Davis

Supreme Court of Indiana

August 22, 2018

In the Matter of Glenn E. Davis, Jr. Respondent.

         Attorney Discipline Action Hearing Officer James W. Riley, Jr.

         NO APPEARANCE FOR THE RESPONDENT

          ATTORNEYS FOR INDIANA SUPREME COURT DISCIPLINARY COMMISSION G. Michael Witte, Executive Director Angie L. Ordway, Staff Attorney Indianapolis, Indiana

          OPINION

          PER CURIAM.

         We find that Respondent, Glenn E. Davis, Jr., committed attorney misconduct by neglecting a client's case and by failing to cooperate with the disciplinary process. For this misconduct, we conclude that Respondent should be suspended for at least one year without automatic reinstatement.

         The matter is now before us on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's verified disciplinary complaint. Respondent's 1976 admission to this state's bar subjects him to this Court's disciplinary jurisdiction. See IND. CONST, art. 7, § 4.

         Procedural Background and Facts

         The Commission filed a "Disciplinary Complaint" against Respondent on February 15, 2018. Respondent was served with the complaint but has not appeared, responded, or otherwise participated in these proceedings. Accordingly, the Commission filed a "Motion for Judgment on the Complaint," and the hearing officer took the facts alleged in the disciplinary complaint as true.

         No petition for review of the hearing officer's report has been filed. When neither party challenges the findings of the hearing officer, "we accept and adopt those findings but reserve final judgment as to misconduct and sanction." Matter of Levy, 726 N.E.2d 1257, 1258 (Ind. 2000).

         In June 2013, Respondent was hired by "Client," an elderly woman, to pursue claims for damages she sustained in a fall while she was a patient at a rehabilitation facility. Client's "Daughter" assisted Client in communicating with Respondent.

         Respondent timely filed a proposed medical malpractice complaint in June 2014. However, Respondent never filed the requisite submission of evidence to the medical review panel. This occurred notwithstanding multiple extensions of time and numerous outreach attempts by the panel chair and opposing counsel, several attempts by Daughter to discuss the case with Respondent, and multiple promises by Respondent to Daughter that the submission would be filed. As a result of Respondent's failure to submit evidence to the panel, the defendant filed a motion to dismiss in December 2016, and a hearing was scheduled for January 17, 2017. Respondent failed to notify Client of the motion to dismiss or the hearing, and he failed to appear at that hearing. After the hearing, the trial court granted the motion to dismiss. Thereafter, Respondent did not inform Client or Daughter of the dismissal and did not respond to Daughter's multiple attempts to communicate with Respondent.

         Daughter filed a grievance with the Commission. Respondent did not timely respond to the Commission's demand for a response to the grievance, and his belated response was misleading in several respects. Respondent later failed to comply with a subpoena duces tecum for Client's file. To date, Respondent has not cured his noncooperation with the subpoena duces tecum, and as a result he currently is indefinitely suspended from the practice of law. See Matter of Davis, 90 N.E.3d 1189 (Ind. 2018).

         Discussion and Discipline

         We concur in the hearing officer's findings of fact and conclude that Respondent violated these Indiana Professional ...


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