Monday, March 22, 2010

Public Defender incurs suspended law license

The Daily Herald reports today about a public defender in Indiana whose license to practice law will be suspended. Imagine that!

What "horrible" acts did the lawyer commit?

Eight counts of professional misconduct, including one case in which the Indiana lawyers' disciplinary commission said the lawyer told his own client to shut up during a court hearing. It also said he missed deadlines for appeals, did not return unearned fees in some cases and admitted to repeated lack of communication with clients.

The Indiana Supreme Court suspended the Monroe County lawyer's license for six months for professional misconduct, starting April 22.

"Lack of communication" got my attention about this. Over the past couple of years I have watched cases in McHenry County courts drag and drag. Some of them involve special public defenders, who are lawyers in private practice tapped by judges when the County's Public Defenders have a conflict of interest and cannot represent an indigent client.

Would "lack of communication" include not returning phone calls? Not informing clients of court dates? Not reporting what happened at a court appearance? Yes, yes and yes.

Are public defenders really free? You know that infamous phrase - "If you cannot afford a lawyer, one will be appointed for you."

You might get a public defender, AND you might also get a bill for some of his services. If you use a public defender or special public defender, be sure that you actually get the services.

Showing up in court and smiling at the judge while he asks for yet one more continuance, without having done anything since the last continuance, should not qualify him for any payment for that appearance. Not by the County, and not by you!

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