On Thursday, February 9, 2023, the Indiana Supreme Court suspended attorney Shane Ryan O’Donnell for failure to act with reasonable diligence.

The case is entitled “In the matter of Shane Ryan O’Donnell” with case no. 22S-DI-304.

The charges cited Indiana Rules of Professional Conduct 1.3, 1.4(a), 1.4(b), 1.16(a)(2), 3.2, 3.4(d), 4.1(a), 5.3(b) and 8.4(d) which state:

Failing to act with reasonable diligence and promptness.

Failing to keep a client reasonably informed about the status of a matter and respond promptly to reasonable requests for information.

Failing to explain a matter to the extent reasonably necessary permits the client to make informed decisions.

Failing to withdraw from representation when the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client.

Failing to expedite litigation consistent with the interests of a client.

Failing to make a reasonably diligent effort to comply with a proper discovery request.

Knowingly making a false statement of material fact to a third person in the course of representing a client.

Failing to make reasonable efforts to ensure that the conduct of a nonlawyer employee over whom the lawyer has direct supervisory authority is compatible with the professional obligations of the lawyer.

Engaging in conduct prejudicial to the administration of justice.

The Rules of Professional Conduct can be found here.

Allegedly, while the respondent is representing a client in a personal injury case. After the respondent filed suit against the defendants, the Respondent didn’t respond or fully respond to the Defendants’ requests or disclosure of expert witnesses, Moreover, he didn’t attend some of the hearings for the said proceeding. And before the Court had issued a ruling, the Respondent’s staff falsely communicated with the defendant’s counsel that the motion was granted. The fact that the client tried to contact the respondent numerous times without success was alleged.

Both parties agreed that Respondent had violated the Rules of Professional Conduct as mentioned above. The Court, considering the submission of the parties, approved the following agreed Discipline.

The Disposition states:

“For Respondent’s professional misconduct, the Court suspends Respondent from the practice of law for a period of 60 days, beginning March 23, 2023, with 30 days actively served and the remainder stayed subject to completion of at least two years of probation with monitoring by the Indiana Judges and Lawyers Assistance Program (JLAP). The Court incorporates by reference the terms and conditions of probation set forth in the parties’ Conditional Agreement, which include among other things:

(1) Respondent shall comply with treatment as determined and monitored by JLAP.
(2) Respondent shall commit no violation of the law of the State of Indiana or any other jurisdiction during probation.
(3) Respondent shall commit no violation of the Indiana Rules of Professional Conduct or any other jurisdiction during probation.
(4) Respondent shall promptly report in writing to the Disciplinary Commission any failure to comply with the terms of Respondent’s probation, including any arrest or violation of the professional conduct rules.”

Mr. O’Donnell practices in Crown Point, Indiana. He is licensed in Indiana. His info can be found on Lawyers.findlaw.com.

A copy of the original filing can be found here.