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Justices suspend 2 attorneys, concerned whether one is fit to practice

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The Indiana Supreme Court issued two disciplinary opinions Wednesday, including a decision in which the justices suspended an Indianapolis attorney for at least 18 months, citing his “serious deficiencies in representing clients and himself.”

The Disciplinary Commission brought charges against Patrick Stern based on three lawsuits he filed that involved D.R., an elderly woman who owned a condemned building in Indianapolis and was worried about financial liability; J.S., allegedly D.R.’s common law husband; and J.H. a convicted murderer who worked in Stern’s office as a “contract paralegal.”

Stern represented D.R. in her complaint against the city challenging its order that her building be demolished. He drafted a quitclaim deed by which D.R. transferred the building to J.H., which resulted in both of them being jointly and severally responsible for demolition and administrative costs. Stern also represented D.R. in another lawsuit seeking damages for trespass and destroying her property after the building was torn down. He represented J.H. and J.S. in their federal lawsuit against the director of Metropolitan Development for the city of Indianapolis. Stern lost the last two cases, with the courts citing his failure to state a claim, among other reasons.

In In the Matter of: Patrick H. Stern, 49S00-1205-DI-255 , the justices found Stern violated seven rules of Professional Conduct stemming from his use of J.H. as a paralegal, misconduct in the three lawsuits and misconduct during the Disciplinary Commission’s investigation.

Stern has a pattern of misconduct and instead of accepting responsibility for his actions, blamed the judges in the lawsuit, the Disciplinary Commission, and others, the per curiam opinion states. He also has shown no insight into his misconduct. The justices noted Stern showed a lack of basic competence in representing himself – his responses were difficult to understand, riddled with grammatical errors, and he often gave incomplete, inaccurate or incomprehensible responses.  

“In light of his serious deficiencies in representing clients and himself and his refusal to acknowledge any misconduct on his part, the Court has grave concerns about Respondent's current fitness to represent clients in the practice of law. We therefore conclude that Respondent should be suspended from practice and undergo a reinstatement proceeding before resuming practice,” the justices ruled, imposing at least an 18-month suspension, beginning Aug. 13.

Justice Steven David dissented with regard to the discipline, believing it is insufficient.

The justices also suspended Hamilton County attorney, Steve Brejensky, for at least a year based on a Class A misdemeanor conversion conviction for taking a bag of mulch from a gas station. Brejensky, who is now listed on the Roll of Attorneys as practicing in Queens, N.Y., never appealed his conviction, but argued in his “late, nonconforming answer” to the Disciplinary Commission that he was wrongly accused of taking the mulch, according to the per curiam opinion, In the Matter of: Steve L. Brejensky, 29S00-1205-DI-277.

The Supreme Court cited in aggravation that Brejenski failed to keep his address on the Roll of Attorneys current, he answered the Disciplinary Commission’s complaint only after the hearing officer ordered him to do so, he failed to comply with deadlines, and the contents of his answer show a lack of remorse for and a lack of insight into the nature of his wrongful conduct.

Brejenski did not report his conviction to the Disciplinary Commission. He also has a disciplinary history, which includes noncooperation with the commission.  The justices found he violated two rules of the Indiana Rules of Professional Conduct.

“Given the seriousness of Respondent's misconduct and the substantial facts in aggravation, the Court concludes that Respondent should be suspended for at least one year, after which he may be reinstated only after proving his remorse, rehabilitation, and fitness to practice law,” the opinion states.

The costs of the proceedings are assessed against Stern and Brejenski.




 

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  • Contract Paralegals
    Among other things Stern was sanctioned for using contract paralegals and exposing them to confidential information. Yes, that's a violation. Now it's time to sanction the collection firms who use collection agency employees to draft complaints for the attorney's rubber stamp signature. It's time to sanction the prosecuting attorneys who allow the use of their signatures and letterhead by collection agencies in corporate welfare bad check programs.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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