This
is
the
kind
of
below-the-belt
tactic
that
makes
the
lawyer
a
believable
villain
in
works
of
fiction.
Because
when
someone
is
seeking
a
protective
order
and
you
threaten
making
their
nude
photos
public
unless
they
drop
the
matter
against
your
client,
well,
that’s
just
gross.
And
as
the
Indiana
Supreme
Court
notes,
it
is
attorney
misconduct.
Specifically
it’s:
knowingly
making
a
false
statement
of
material
fact
or
law
to
a
third
person
in
the
course
of
representing
a
client;
engaging
in
conduct
involving
dishonesty,
fraud,
deceit,
or
misrepresentation;
and
engaging
in
conduct
prejudicial
to
the
administration
of
justice.
Anyway,
the
Indiana
Supreme
Court
found Allen
R.
Stout
“confronted
the
petitioner
with
several
“8×10
color
copies
of
intimate
photos
she
had
sent
the
man
during
their
relationship,
prior
to
the
events
giving
rise
to
the
protective
order
petition,
displaying
them
facing
up
on
the
table
for
all
in
attendance
to
see.”
He
then
queried,
“why
do
women
who
seek
the
aid
of
the
court
send
these
kinds
of
pictures
to
men?”
Rather
than
just
leave
it
as
innuendo,
he
went
explicit
with
his
threat.
[Stout]
then
asked
her
if
she
still
intended
to
pursue
a
protective
order
or
whether
there
would
be
a
“better
way”
to
handle
things
than
for
her
to
be
“drug
through”
and
“exposed
in”
the
court.
When
the
petitioner
responded
she
just
wanted
the
man
to
stop
harassing
her,
[Stout]
ended
the
deposition
and
told
the
petitioner
“[t]he
court
reporter
will
transcribe
this
to
final
form,
submit
it
to
the
court,
it
then
becomes
a
public
record.
There’s
a
way
to
stop
that,
but
otherwise
with
the
matter
still
pending
we’ll
have
to
submit
it
to
the
court
and
attend
a
hearing,
which
will
be
a
very
public
hearing
as
well.”
The
petitioner
then
indicated
she
wanted
to
dismiss
the
case,
[Stout]
instructed
the
court
reporter
to
go
off
the
record,
and
[Stout]
instructed
the
petitioner
how
to
file
for
dismissal,
which
she
did
immediately
after
leaving
the
deposition.
Stout
was
apparently
so
proud
over
the
dirty
tactic
that
he
“bragged”
he
secured
a
dismissal
because
he
threatened
to
have
the
nude
photos
become
part
of
the
record.
And
for
this
disturbing
lawyering
—
the
Indiana
Supreme
Court
called
it
an
“intentional
and
purposeful
plan”
“to
coerce
and
bully
the
petitioner”
—
he’ll
be
suspended
for
90
days.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
(@Kathryn1).