ILNews

Elkhart attorney suspended for ‘lack of respect’ for clients and courts

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.

Those client files of Joseph Lehman were tossed into a trash bin where they remained several days. A newspaper reporter found information in the files relating to paternity and divorce cases as well as Social Security numbers and financial information.

The disciplinary action suspending Lehman, handed down Feb. 19, also says the attorney has failed to appear at numerous hearings in cases and has been held in contempt – even jailed – for such failures. He has failed to include filings with a signature, required notices, and correct case numbers and court names. The action also says that Lehman habitually filled out bankruptcy schedules incompletely and commingled client and attorney funds.

The order states: “Judges before whom Respondent practices gave detailed testimony regarding Respondent's deficiencies in 16 different cases. They testified that Respondent has consistently practiced far below the average level of performance for attorneys in Elkhart County, that he has failed to respond to attempts by the judges to help him improve his deficiencies, that he failed to follow through with an agreement to contact the Indiana Judges and Lawyers Assistance Program (‘JLAP’) for an assessment, that Respondent's deficiencies have created a tremendous amount of trouble for court staff, and that his conduct hurts his clients and the court system.”  One judge testified that Lehman shows “a complete lack of respect” in his client representation and “an utter disregard of court orders.”

Lehman has no disciplinary history and has represented many clients to a successful completion; however, the hearing officer found in aggravation, among other things, that Lehman has refused to acknowledge his misconduct, the “sheer volume of the repeated violations, apparent dishonesty, and lack of any effort to address or apologize for the problems indicate unfitness to practice” and “he has a contemptuous disregard for the most basic professional obligations.”

The justices found he violated 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 Ind. Admission and Discipline Rules 23(29)(a)(2), (3), and (4).

The suspension begins April 3 and he must petition for reinstatement.
 

ADVERTISEMENT

  • Careful Linda
    Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.
  • Justice
    If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

    2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

    3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

    4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

    5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

    ADVERTISEMENT