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

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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.
 

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  • 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!!!

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    1. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

    2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

    3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

    4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

    5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

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