Court: Indiana Supreme Court; September 2, 2014; Indiana; State Supreme Court
Jennifer J. Auger, practicing law with her husband Michael R. Auger in their firm Auger and Auger, P.C., faced disciplinary action due to her mishandling of a medical malpractice case. The case originated in 2005 when a client hired the firm against two medical providers. Jennifer was primarily responsible for the case, while Michael was a partner.
In May 2006, Jennifer filed a proposed complaint under the Medical Malpractice Act but failed to address a key defendant, “Provider One,” after being informed by the Department of Insurance that the provider was not subject to the Act and that a suit needed to be filed within 90 days. The Augers did not file this suit, leading Provider One to petition for dismissal. Additionally, in June 2006, Provider Two served discovery requests, which went unanswered due to lack of communication with the client. In February 2007, Provider Two moved to dismiss the case for failure to respond to discovery and prosecute, leading to a court dismissal on May 17, 2007, which the Augers did not communicate to the client until September 2009, after the client filed a grievance.
Mitigating factors included Jennifer's lack of prior discipline, her admission of the allegations, expressions of remorse, the client obtaining a successful malpractice claim, and personal difficulties stemming from her father's illness which contributed to her neglect of the case, though she did not use this as an excuse.
The agreed violations under the Indiana Professional Conduct Rules included failure to act diligently, failure to inform the client, and representation while impaired by mental condition. The agreed discipline was a public reprimand, which the Court approved, assessing the costs of the proceeding against Jennifer. The hearing officer was discharged, and relevant parties were notified. Michael Auger is also involved in a separate but related disciplinary action, which also resulted in an agreed public reprimand.
