Survey of Indiana Law of Professional Responsibility (2022-2023)

the Indiana Supreme Court handed down three per curiam decisions imposing sanctions for attorney misconduct. 1 The Court's focus in these decisions was a discussion of sanctions analysis. 2 Through this thread of cases, the Court illustrated the types of behavior, both before and during the disciplinary process, that lead to significant sanctions. 3 During this same period, four public disciplines were issued against judges.Of those, three involved judicial officers engaging in improper ex parte communications in Child in Need of Services (CHINS) or family law cases. 4 The Indiana Supreme Court Disciplinary Commission published three formal advisory opinions during the survey period. 5These advisory opinions provide Indiana lawyers with guidance on navigating conflicts of interest and ethical considerations when creating fee agreements, setting fees, and collecting fees. 6 I. ATTORNEY DISCIPLINE CASES -SANCTIONS ANALYSISWhile each discipline matter is fact specific and must be evaluated independently, the Indiana Supreme Court routinely evaluates the following factors to determine an appropriate sanction: the nature of the misconduct, the -------------------