Disciplinary Case Summaries
| Publication year | 1987 |
| Pages | 655 |
1987, April, Pg. 655. Disciplinary Case Summaries
Complaint* forms requested 214
Thomas E. Shaiberger: The Court publicly censured the respondent on January 26, 1987, after accepting his conditional admission of misconduct. The respondent violated DR9-102(A), by failing to segregate his client's funds from his own, and DRI-102(A)(4), by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. Costs of $44.09 were also assessed against him.
The respondent deposited a settlement check he had received on behalf of a client into his regular business account. On the day he made the deposit, he issued checks to the client's creditors and one to her for her share of the settlement. His client's check, however, did not reach her. After stopping payment on the check, respondent was unable to issue a replacement check promptly, due to insufficient funds in his account.
The Court found that the respondent had commingled client funds with his own and had negligently converted client funds when his account balance fell below the amount which he owed to his client.
James L. Carpenter: The respondent, who had no record of previous discipline, was publicly censured and assessed costs of $44.30 on January 26, 1987, following the Court's acceptance of his conditional admission of misconduct. The respondent violated DRI-102(A)(4), by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; DR6-101(A)(3), by neglecting a legal matter; DR7-101(A)(1), by intentionally failing to seek the lawful objectives of his clients; and DR7-101(A)(2), by intentionally failing to perform a contract of employment.
The respondent filed a lawsuit in May 1980, seeking $150,000 damages caused to his clients' business by their landlord. In September 1981, the...
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