IN THE MATTER OF PITSCHKENo. 49S00-9108-DI-640.
627 N.E.2d 440 (1994)
In the matter of Evelyn PITSCHKE.
Supreme Court of Indiana.
January 19, 1994.
Duge Butler, Jr., Butler Brown & Blythe, Indianapolis, for respondent.
Charles M. Kidd, Staff Atty., Indianapolis, for The Indiana Supreme Court Disciplinary Com'n.
Evelyn Pitschke, the Respondent herein, was charged by a single count complaint with violating Rule 1.16(a)(3) of the Rules of Professional Conduct, by failing to withdraw from a case after being discharged and Rule 8.4(c), by engaging in conduct involving dishonesty, deceit and misrepresentation. A hearing officer appointed by this Court pursuant to Admission and Discipline Rule 23 heard the evidence, submitted his Findings of Fact and Conclusions of Law, and the case is now before us for final adjudication.
On June 29, 1990, Jennings wrote to Respondent stating that she should withdraw her appearance, and, on July 23, 1990, Jennings reaffirmed her demand by a certified letter terminating the attorney-client relationship.
The Respondent, however, did not withdraw, remained on the case until October 3, 1990, and attempted to appear at the final hearing.
In her "Petition for Review", the Respondent offers several explanations for her conduct: that Respondent feared the client was acting under duress from the husband and his attorney; that Respondent feared for the client's minor daughter; and that Respondent did not feel she had been validly discharged until she appeared at final hearing to determine whether the client had obtained other counsel. Respondent's claims are self-serving, wholly unsubstantiated and fail to convince us that there was any legitimate doubt that the client wanted Respondent off her case. We, thus, conclude that the findings clearly and convincingly establish that Respondent engaged in the charged misconduct.
In assessing an appropriate sanction for such misconduct, we note that the Respondent was disciplined by this Court on three previous occasions,
It is, therefore, ordered that Evelyn Pitschke is hereby suspended from the practice of law for a period of sixty (60) days, beginning February 21, 1994.
Costs of this proceeding are assessed against the Respondent.
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