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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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