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MATTER OF LEHMAN

No. 49S00-9510-DI-1244.

690 N.E.2d 696 (1997)

In the Matter of Robert E. LEHMAN.

Supreme Court of Indiana.

December 31, 1997.

Attorney(s) appearing for the Case

Ronald E. Elberger, Bose McKinney and Evans, Indianapolis, for Respondent.

Donald R. Lundberg, Executive Secretary, Indianapolis, for Indiana Supreme Court Disciplinary Commission.

DISCIPLINARY ACTION

PER CURIAM.

Today we conclude that Ind.Code Section 34-4-41-4 requires that attorney fees paid by insurers out of their subrogation recoveries enure to the insured, and not the insured's lawyer, absent an otherwise permissible agreement setting forth an alternative arrangement. We also find that it is professional misconduct for the insured's lawyer to retain such attorney fees without disclosing retention of the fees to the client.<...

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