Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Koehler

Supreme Court of Indiana

November 13, 2019

In the Matter of: Lloyd E. Koehler, Respondent

          PUBLISHED ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

          LORETTA H. RUSH CHIEF JUSTICE.

         Pursuant to Indiana Admission and Discipline Rule 23(12.1)(b), 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 has mismanaged his trust accounts since 2009. Among other things, Respondent overdrafted one trust account by about $38, 000, and then replenished about $44, 000 (resulting in more than a nominal amount of his own funds being held in trust); he improperly delegated tasks to, and inadequately supervised, a nonlawyer assistant; he did not maintain adequate trust account ledgers or deposit journals; and he improperly commingled client and attorney funds.

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

         Ind. Professional Conduct Rules:

1.15(a): Failing to hold property of a client separate from lawyer's own property.
1.15(b): Maintaining more than a nominal amount of attorney funds in a trust account.
5.3(a): Failing to make reasonable efforts to ensure that the lawyer's firm has taken measures to assure that a nonlawyer employee's conduct is compatible with the professional obligations of the lawyer.
5.3(b): Failing to make reasonable efforts to ensure that the conduct of a nonlawyer employee over whom the lawyer has direct supervisory authority is compatible with the professional obligations of the lawyer.

         Ind. Admission and Discipline Rules (2016 and earlier):

23(29)(a)(1): Failing to deposit clients' funds into a trust account.
23(29)(a)(4): Commingling client funds with other funds of the attorney or firm.
23(29)(a)(5): Making electronic transfers from a trust account, and making withdrawals without stating the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.