In re Nehrig, 2012 Ind. LEXIS 732

Nehrig resigned from the Indiana bar after disciplinary charges alleging fraudulent real estate practices and altered sheriff's deeds.
Interim suspension granted, resignation accepted on August 13, 2007, resulting in at least five years removal from practice.
Commission filed a verified motion for rule to show cause why Nehrig should not be held in contempt for practicing while barred and for maintaining presence at the McManus Firm.
Hearing officer found Nehrig violated the duties of a resigned attorney by practicing law and maintaining a law-office presence at the McManus Firm.
Nehrig used a bank account 'd/b/a McManus & Associates' and directed checks to be made out to a law-firm name for his own use.
The Court adopted the hearing officer’s facts, found ongoing violation, and imposed sanctions including a fines and extended removal from practice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Nehrig violated Admis. Disc. R. 23(26)(b).	Nehrig maintained a presence at the McManus Firm in violation.	Nehrig resigned; rule 23(26)(b) does not apply.	Rule applies; violation established.
Whether Nehrig engaged in the practice of law while removed from practice.	Maintained roles and performed tasks that constitute law practice.	No ongoing practice due to resignation status.	Yes, engaged in improper practice.
Whether contempt and sanctions are warranted.	Continued misconduct posed risk to public and profession.	No rehabilitation evidence; sanctions excessive.	Sanctions warranted; substantial fine and extended removal.

Matter of Mittower, 693 N.E.2d 555 (Ind. 1998) (contempt standards and public protection considerations in discipline)
Matter of McLaren, 850 N.E.2d 400 (Ind. 2006) (resignation-related discipline and prohibition on maintaining law office)
Matter of Levy, 726 N.E.2d 1257 (Ind. 2000) (adoption of hearing officer findings when no review petition filed)