In re Lehman

24 N.E.3d 536 (Ind. 2014) · Indiana Supreme Court · February 19, 2014

Summary

The Indiana Supreme Court found that Respondent engaged in extensive professional misconduct involving incompetent representation, improper handling and disclosure of client information, deficient court filings and appearances, and trust-account violations. The Court suspended Respondent from practicing law for a minimum of two years without automatic reinstatement and assessed the proceeding’s costs against Respondent.

Holdings

  1. When neither party challenges the hearing officer's findings, the Court accepts and adopts those findings but retains final judgment regarding whether the conduct constitutes misconduct and what sanction is appropriate.
  2. Respondent committed professional misconduct by violating Indiana Professional Conduct Rules 1.1, 1.2(a), 1.6(a), 1.9(c)(2), 1.15(a), and 8.4(d), as well as Indiana Admission and Discipline Rule 23(29)(a)(2), (3), and (4).
  3. Respondent should be suspended from the practice of law for a minimum of two years without automatic reinstatement.

Questions Presented

  1. Whether the uncontested findings of the hearing officer established professional misconduct.
  2. Whether Respondent violated the identified Indiana Professional Conduct Rules and Admission and Discipline Rule 23 provisions.
  3. What sanction was appropriate for Respondent's extensive pattern of professional misconduct, including incompetence, confidentiality violations, deficient practice, and trust-account misconduct.

Disposition

other

Cases Cited (1)

  • Matter of Levy, 726 N.E.2d 1257, 1258 (Ind. 2000)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…