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.



  • 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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.