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Justices suspend attorney for history of ‘unethical litigation practices’

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The Indiana Supreme Court has handed down a three-year suspension to an Indianapolis attorney whose conduct “far exceeded zealous advocacy and included repeated abuse of the tools of the legal system.”

The justices issued the suspension against Gordon B. Dempsey in a May 2 order, deciding that Dempsey must petition for reinstatement. Justice Steven David voted for disbarment.

The suspension comes after the Supreme Court found Dempsey violated three Indiana Professional Conduct Rules: 3.1: asserting a position for which there is no non-frivolous basis in law or fact; 4.4: using means that have no substantial purpose other than to embarrass, delay, or burden a third person; 8.4(g): engaging in conduct that was not legitimate advocacy, in a professional capacity, manifesting bias or prejudice based upon race, religion, and disability (mental condition).

The suspension stems from Dempsey, as a buyer of a multi-unit residential property in 1999, failing to pay on the contract and later initiating appeals in the foreclosure action and in a bankruptcy case involving the purchase of the property. Ten years later, he handed out flyers in Indianapolis calling the unnamed sellers “slumlords,” and made disparaging remarks about the sellers’ attorneys and Jews generally.

“Respondent's history of unethical litigation practices, his continued attacks on those involved in the bankruptcy and foreclosure actions and in this disciplinary proceeding, the virulent bigotry he has manifested in these proceedings, and his lack of any insight into his misconduct suggest that disbarment may be justified. Nevertheless, a majority of this Court has decided not to close the door permanently on the possibility of Respondent's professional rehabilitation. The Court will therefore impose a substantial suspension, after which Respondent may choose to undergo a rigorous reinstatement process to prove his understanding of his ethical duties and remorse before resuming practice,” Chief Justice Brent Dickson wrote in the order.

Although Dempsey has no formal disciplinary history, he has been admonished and sanctioned in other proceedings for misstating facts, ignoring court rulings, committing egregious rule violations and asserting meritless claims, according to the order.

Dempsey was admitted to practice in Indiana in 1974. His suspension takes effect June 12, and the costs of the proceeding are assessed against him.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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