Saturday, April 13, 2013

In Re Thonert case brief

In Re Thonert case brief summary
733 N.E.2d 932 (Ind. 2000)

SYNOPSIS:
Attorney disciplinary proceeding against the respondent for failing to inform the court of a controlling adverse opinion, and for failing to fully inform his client regarding the law.

OVERVIEW: This disciplinary proceeding was brought against the respondent attorney for failing to disclose adverse controlling authority to a court and for failing to properly inform his client of the law. Appellant represented a party in an action in which a controlling ruling was issued and was adverse to an argument he pursued with a subsequent client. Appellant failed to discuss the adverse ruling, which he obviously was aware of, with his client or the court.

HOLDING:
His actions violated Ind. Rules of Professional Conduct 3.3(a)(3) for failing to disclose the adverse opinion to the court and Rule 1.4(b) for not properly informing his client. Respondent was reprimanded and admonished for his violations.

RULES:
-A lawyer shall not knowingly fail to disclose to a tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
-A lawyer shall explain a matter to the extent reasonably necessary to permit a client to make informed decisions regarding a representation. A client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation.

OUTCOME: Respondent attorney was reprimanded and admonished for failing to disclose adverse controlling authority to the court and for failing to properly inform his client.


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