FOR THE RESPONDENT
FOR THE INDIANA SUPREME COURT
Solomon L. Lowenstein, Jr. Donald R. Lundberg, Executive Secretary 503 W. Wayne St. David B. Hughes, Staff Attorney Fort Wayne, IN 46802 115 West Washington St., Ste. 1060 Indianapolis, IN 46204
SUPREME COURT OF INDIANA
IN THE MATTER OF )
) Case No. 02S00-8906-DI-474
BRUCE R. SNYDER )
By neglecting two estates he was retained to represent and by failing to take action in civil actions he was hired to defend, the respondent, Bruce R. Snyder, violated this Court's ethical rules for attorneys. The Indiana Supreme Court Disciplinary Commission charged the respondent by a three-count verified complaint of violations of both the Code of Professional Responsibility for Attorneys at LawSee footnote 1 and the Rules of Professional Conduct for Attorneys at Law in that he engaged in conduct involving dishonesty, deceit, or
misrepresentation; he engaged in conduct prejudicial to the administration of justice; and he
failed to act with reasonable diligence and promptness in representing his clients. The
respondent and the Commission have tendered for our approval a Statement of
Circumstances and Conditional Agreement for Discipline in resolution of this matter.
jurisdiction in this case is derived from the respondent's admission to the bar of this state on
September 25, 1963.
Under Count I of the Verified Complaint for Disciplinary Action, the parties agree that a client retained the respondent in March 1985, to defend two mortgage foreclosure actions and to collect an outstanding promissory note. In March 1987, the client asked the respondent to file his case, and paid the necessary filing fee. The respondent told his client he would file the case, prompting his client to provide him with a filing fee. After checking court records in July 1987, the client learned that his case had not yet been filed. After two attempts to arrange meetings with respondent, the client requested the return of his file, and the respondent complied in September 1987.
Under Count II, the parties agree that the respondent was hired to represent an estate in September 1987. After completing an inventory of the estate in December 1987, the respondent failed to respond to court orders to file the estate's 1986 and 1987 tax returns. Throughout 1989, 1990, and 1991, the heirs appeared by counsel to object or offer motions and petitions pertaining to the respondent's administration of the estate. In October 1991, the heirs filed an action against the respondent, which resulted in a settlement agreement whereby the respondent agreed to immediately release $14,000 to the heirs and pay $25,000
plus the costs of the heirs' lawsuit in exchange for a sixty day forbearance on pursuing the
court action. When the respondent failed to meet his obligations under the settlement
agreement, the heirs filed a stipulation of judgment in December 1991.
The parties agree that under Count III, the respondent was hired to assist in the administration of an estate in May 1994. The respondent failed to discuss with the personal representatives a fee arrangement at the outset of the representation, but assured them that the estate was not complicated and could be settled within five months. The personal representatives heard nothing further from respondent for six months. The respondent did file an inventory of the estate assets in September 1994, more than four months beyond the statutory time limit. When the respondent forwarded an Indiana Inheritance Tax Return and a closing statement reflecting his fees to the personal representatives, they became concerned by what they considered to be an excessive fee. One of the personal representatives met with respondent in November 1994 to discuss the fee. The personal representative asked for an itemized accounting and explanation of the fee. Five days after this meeting, the respondent sent an unitemized invoice which the personal representative paid fearing that the respondent would not close the estate until his fee was paid in full. The respondent failed to collect any of the estate's assets on behalf of the personal representatives, and at the time of the closing of the estate none of the estate assets had been transferred to the personal representatives or distributed to the heirs. Numerous attempts by the personal representatives to contact the respondent went unanswered, and eventually the personal representatives were forced to retain other counsel to conclude the estate.
this suspension, the respondent will be eligible to petition for reinstatement under
Ind.Admission and Discipline Rule 23(4).
The Clerk of this Court is directed to provide notice of this order in accordance with Admis.Disc.R. 23(3)(d) and to provide the clerk of the United States Court of Appeals for the Seventh Circuit, the clerk of each of the United States District Courts in this state, and the clerk of each of the United States Bankruptcy Courts in this state with the last known address of respondent as reflected in the records of the Clerk.
Costs of this proceeding are assessed against respondent.
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