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In re Wilson

Citations: 894 N.E.2d 982; 2008 Ind. LEXIS 1167; 2008 WL 4531378Docket: No. 94S00-0806-MS-359

Court: Indiana Supreme Court; June 23, 2008; Indiana; State Supreme Court

Narrative Opinion Summary

Respondent is suspended from practicing law due to nonpayment of the annual attorney registration fee. Attorneys must pay their fees by October 1 each year. Respondent submitted a check on March 31, 2008, for the overdue fee from October 1, 2007, which was returned for insufficient funds. Despite receiving two letters requesting payment, Respondent failed to respond. The suspension is effective immediately under Admission and Discipline Rule 2(h), and engaging in legal practice during this suspension may result in contempt sanctions. Respondent may apply for reinstatement after fulfilling the requirements of Rule 2(h), including payment of all fees. The Clerk is instructed to notify Respondent via certified mail and inform relevant legal entities of the suspension order.

Legal Issues Addressed

Adherence to Admission and Discipline Rule 2(h)

Application: Suspension under Rule 2(h) prohibits practicing law and may lead to contempt sanctions if violated.

Reasoning: The suspension is effective immediately under Admission and Discipline Rule 2(h), and engaging in legal practice during this suspension may result in contempt sanctions.

Attorney Registration Fee Requirement

Application: Attorneys are required to pay their annual registration fees by October 1 each year to maintain their eligibility to practice law.

Reasoning: Attorneys must pay their fees by October 1 each year.

Consequences of Nonpayment of Fees

Application: Failure to pay the required fees results in suspension from practicing law, effective immediately upon such determination.

Reasoning: Respondent is suspended from practicing law due to nonpayment of the annual attorney registration fee.

Failure to Respond to Payment Notices

Application: Continued failure to respond to official requests for payment can result in disciplinary action, including suspension.

Reasoning: Despite receiving two letters requesting payment, Respondent failed to respond.

Notification and Communication of Suspension

Application: The Clerk is responsible for notifying the suspended attorney and informing relevant legal entities about the suspension.

Reasoning: The Clerk is instructed to notify Respondent via certified mail and inform relevant legal entities of the suspension order.

Procedure for Handling Insufficient Funds

Application: If a payment via check is returned for insufficient funds, the attorney is notified and expected to rectify the payment promptly.

Reasoning: Respondent submitted a check on March 31, 2008, for the overdue fee from October 1, 2007, which was returned for insufficient funds.

Reinstatement After Suspension

Application: Reinstatement is possible after fulfilling all requirements of Rule 2(h), which includes payment of all outstanding fees.

Reasoning: Respondent may apply for reinstatement after fulfilling the requirements of Rule 2(h), including payment of all fees.