Matter of Berning

This matter is before this Court on a single count Verified Complaint filed by the Indiana Supreme Court Disciplinary Commission charging the Respondent with violating Disciplinary Rule 7-108(D) of the Code of Professional Responsibility for Attorneys at Low. The Hearing Officer appointed by this Court pursuant to Ind.R. A.D. 23 has held a hearing and has submitted his findings of fact. Neither party has petitioned for review.

Upon examination of all matters presented herein, we find generally that the Respondent, Daniel R. Berning, is a member of the Bar of this State. On April 19, 1983, a…