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In re Sexson

Indiana Supreme Court

613 N.E.2d 841 (1993)

Facts

Attorney David Sexson (defendant) maintained an office at the same location as attorney Rollin Thompson and four other attorneys. The attorneys all shared office space, a secretary, and three telephone lines; used a common letterhead; and left their individual offices unlocked and the doors open. The file cabinets of all attorneys were visible from a common hallway, and conversations in individual offices could be heard in the hallway. Thompson was retained to file a personal-injury claim on behalf of Mr. and Mrs. Zimmerman. Mr. Zimmerman subsequently filed an action for dissolution of marriage. Mrs. Zimmerman retained Sexson to represent her in the dissolution proceeding. After Thompson settled the Zimmermans’ personal-injury case, Sexson obtained on behalf of Mrs. Zimmerman an ex parte order restraining Mr. Zimmerman from negotiating his settlement check. Mr. Zimmerman arranged with Thompson to pick up his settlement check at Thompson’s office and was met by Sexson and served with the restraining order. Sexson was charged with engaging in representation of a client that was directly adverse to the interests of another client in violation of the Indiana Rules of Professional Conduct for Attorneys at Law (RPCs) 1.7(a) and 1.10(a).

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Holding and Reasoning (Per curiam)

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