Retired Cohen & Malad partner suspended by Indiana Supreme Court

The Indiana Supreme Court this week ordered the interim suspension of the law license of a former Cohen & Malad LLP senior partner who has been retired from his law practice for almost three years.

The court suspended Richard Malad, effective immediately, after he pleaded guilty Sept. 3 in Morgan Superior Court to operating a vehicle while intoxicated, a Level 6 felony. That case was initiated in October 2022, according to MyCase court records.

Malad is listed as retired on the Indiana Roll of Attorneys and announced his retirement in December 2021.

He told Indiana Lawyer on Friday that he had not seen the court’s suspension order. The retired attorney said he responded to the Supreme Court Disciplinary Commission’s inquiry and suggested it could change his license status from “retired” to “never intend to practice.”

Malad said he hadn’t practiced law since 2021 and had no intention of doing so in the future.

“So, suspension is a misnomer. From what?” Malad said.

The Indiana Supreme Court Disciplinary Commission, pursuant to Indiana Admission and Discipline Rule 23(11.1)(a), requested that Malad be suspended from the practice of law in Indiana, pending further order of the court or final resolution of any resulting disciplinary action, due to the attorney being found guilty of a crime punishable as a felony.

According to MyCase records, Malad had also been arrested and charged with OWI or reckless driving-related offenses in Indiana on four other occasions, with the earliest case dating back to 2003, where he pleaded guilty to an OWI charge in Huntington Superior Court.

Malad said he can’t dispute anything that’s a matter of public record.

“I have to own it. You have to own your bad choices in life,” Malad said.

Cohen & Malad LLP released a statement that said, “Rick retired from our firm three years ago after a long and distinguished career. We are saddened to hear of these recent personal challenges. His legacy remains one of dedication to the legal profession and to his clients.”

Malad, 78, noted that he spent 48 years as a practicing attorney without a single disciplinary complaint and hoped people’s last thoughts of him would not be of the disciplinary order, but instead of his lengthy career as an attorney.

A December 2021 Indiana Lawyer profile of Malad described how the attorney secured his position at the firm after graduating from Indiana University Robert H. McKinney School of Law in 1973 and became senior partner in 1992.

One attorney in the story  said he has always admired Malad’s pursuit of accountability and “his drive to make his clients’ needs his top priority.”

Malad said he is happily retired.

He said that, in 2023, he voluntarily went into a 30-day residential treatment program in Florida.

“And it was life changing. And really my life since then has been good,” Malad said.