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Friday, June 1, 2012

THREATENING ETHICS COMPLAINT LEADS TO ETHICS VIOLATION

Julia Dimick, an Indianapolis lawyer, has been publicly reprimanded after she threatened to report an opposing lawyer to the ethic's board, an act which was deemed prejudicial to the administration of justice. 

According to the stipulated facts in the discipline order, Dimick was representing a woman against the woman's former attorney over the handling of settlement funds.  Dimick sent the opposing attorney a letter alleging the opposing attorney of a conflict of interest, lack of candor, and conversion of the settlement funds.  Dimick then stated that the opposing attorney had a "window of opportunity" to solve the matter, but it required a settlement offer.  Dimick stated that if she did not receive a settlement offer soon, she would file a grievance with disciplinary commission. 

While agreeing that her conduct violated Indiana Professional Conduct Rule 8.4(d) [prohibits engaging in conduct prejudicial to the administration of justice], Dimick had some mitigating factors. Specifically, Dimick had no disciplinary history and she was cooperative with the commission.  Therefore, the commission agreed that a public reprimand was the appropriate punishment.  

The order can be found here

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