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Indiana Supreme Court Suspends Attorney 180 Days for Estate Fee Violations

The Indiana Supreme Court suspended attorney Christopher Phillips for 180 days after finding he charged unreasonable fees in estate matters and mismanaged his attorney trust account. Phillips will serve 120 days actively with the remainder stayed pending successful completion of three years of probation under certified public accountant monitoring.

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4 min readcourtlistener
Seal of the Indiana Supreme Court

Case Information

Case No.:
25S-DI-49

Key Takeaways

  • Phillips charged unreasonable fees in estate matters without proper written fee agreements
  • Mismanaged attorney trust account while handling estate funds and property sales
  • 180-day suspension includes 120 days active service and three years CPA-monitored probation
  • Disciplinary action resulted from conditional agreement with Indiana Supreme Court Disciplinary Commission

The Indiana Supreme Court issued a disciplinary order Thursday suspending attorney Christopher Phillips for 180 days following findings of professional misconduct in his estate practice. The court found Phillips engaged in attorney misconduct by charging unreasonable fees in estate matters and mismanaging his attorney trust account.

The suspension includes 120 days of active service, with the remaining 60 days stayed subject to Phillips successfully completing at least three years of probation with monitoring by a certified public accountant. The disciplinary action was filed July 31, 2025, in Supreme Court Case No. 25S-DI-49.

The discipline stems from a conditional agreement between Phillips and the Indiana Supreme Court Disciplinary Commission, submitted under Indiana Admission and Discipline Rule 23(12.1)(b). Phillips, who was admitted to the Indiana bar in 2011, falls under the court's disciplinary jurisdiction pursuant to Article 7, Section 4 of the Indiana Constitution.

According to the stipulated facts in the disciplinary order, the misconduct centered on Phillips' handling of estate administration matters. In one case, a decedent's grandson hired Phillips to assist with estate administration without executing a written fee agreement. In July 2022, Phillips petitioned to open a supervised estate and to appoint a personal representative, instructing his client to deposit all estate funds into Phillips' trust account.

Over the following months, Phillips sought and received court approval to sell land and a house that comprised most of the estate's value. Phillips later made a partial distribution of estate funds, though the order does not detail the specific nature of the fee violations or trust account mismanagement that led to the disciplinary charges.

The case was decided by a per curiam opinion, with Chief Justice Loretta Rush and Justices Mark Massa, Derek Molter, Christopher Goff, and Geoffrey Slaughter all concurring in the disciplinary action. Per curiam opinions represent the court's collective judgment rather than being authored by a single justice.

Attorney disciplinary cases in Indiana are governed by the Indiana Admission and Discipline Rules, which establish standards for professional conduct and procedures for investigating and prosecuting attorney misconduct. The disciplinary commission investigates complaints against attorneys and can recommend various forms of discipline ranging from private reprimands to suspension or disbarment.

The requirement for certified public accountant monitoring during Phillips' probation suggests the court found significant concerns with his handling of client funds and financial record-keeping. Such monitoring is typically imposed in cases involving trust account violations or financial misconduct to ensure compliance with professional accounting standards.

Estate administration presents particular risks for attorney misconduct given the substantial sums of money often involved and the fiduciary duties attorneys owe to beneficiaries and estates. Attorneys serving as personal representatives or handling estate funds must maintain strict separation between client funds and their own assets, typically through properly managed trust accounts.

The Indiana Rules of Professional Conduct require attorneys to charge reasonable fees based on factors including the time and labor required, the novelty and difficulty of the legal questions involved, and the experience and reputation of the lawyer. Fee agreements in estate matters should be clearly documented to avoid disputes and ensure transparency.

Phillips' 180-day suspension reflects a mid-level disciplinary sanction. Indiana courts can impose various forms of discipline including private reprimands, public reprimands, suspension for specific periods, and disbarment. The partial stay of Phillips' suspension indicates the court believes he can be rehabilitated through supervised practice rather than requiring full removal from the profession.

The three-year probationary period with CPA monitoring will require Phillips to demonstrate compliance with professional conduct rules and proper trust account management before full reinstatement. This extended supervision period reflects the court's concern about the financial aspects of Phillips' misconduct.

Attorney discipline proceedings serve multiple purposes: protecting the public from unfit practitioners, maintaining the integrity of the legal profession, and providing opportunities for attorney rehabilitation. The conditional agreement process allows for negotiated resolutions while ensuring appropriate sanctions for misconduct.

Phillips may petition for reinstatement following completion of his active suspension period, though he will remain subject to probationary monitoring for the full three-year term. The disciplinary order will become part of his permanent professional record and must be disclosed in future professional licensing or employment contexts.

The case underscores the importance of proper fee agreements and trust account management in estate practice, areas where attorneys must exercise particular care given their fiduciary responsibilities to beneficiaries and the court-supervised nature of probate proceedings.

Topics

attorney misconductunreasonable feestrust account mismanagementestate administrationprofessional responsibility

Original Source: courtlistener

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