ILNews

Kokomo lawyer skips town, leaving 'mess' behind

Back to TopCommentsE-mailPrintBookmark and Share

A Kokomo lawyer’s sudden abandonment of his law practice has left the local legal community scrambling to clean up a mess involving scores of ripped-off clients, some of whom learned of their attorney’s disappearance when they showed up for court dates and he didn’t.

“I think it’s deplorable,” Howard County Bar Association President Rebecca Vent said of the situation involving attorney Bradley Hamilton. Vent said Hamilton was accepting new clients and collecting fees the same week he left the country, apparently to join his wife who returned to her native Australia with the couple’s three children.

It’s unclear how much money Hamilton’s clients may have lost. As many as 80 appear to have pre-paid for bankruptcy petitions that he failed to file before leaving the country, according to Brent Dechert, the attorney appointed by court order Oct. 7 to act as a surrogate and wind down Hamilton’s practice. Dechert said Hamilton also left his practice with about 150 active cases.

Vent has taken a few of those cases, and other lawyers are doing what they can.

“Like any other profession, when something tragic happens, we pull together as best we can,” she said. Hamilton’s clients, though, are stinging.

“They’re frustrated, they’re apprehensive about what’s going on,” Vent said. New lawyers stepping in to take over cases don’t just have to get up to speed, but they also have to counsel distrustful clients. “They’re anxious … and understandably so,” she said.

“The Howard County Bar Association feels horribly about how quickly Mr. Hamilton left without providing due notice or refunds to his clients,” she said.

Dechert said Hamilton told him he was leaving more than a month ago after he unsuccessfully attempted to sell his law practice. Before he left, Dechert said Hamilton asked him if he would consent to serve as a surrogate. “It’s quite a mess,” Dechert said.

A few Mondays back, Howard Superior 4 Judge George Hopkins said three or four of Hamilton’s clients with court dates appeared before him after he had received the petition to appoint Dechert. “In each case, I talked to the people individually, and told them Mr. Hamilton is no longer practicing,” Hopkins said. “They had no idea.”

Dechert couldn’t estimate how much clients may have lost, and he said clients are still making claims. “I think it could be substantial,” he said. But he noted there still are accounts with balances, and it will be up to the court to determine how claims for the funds will be handled.

Hopkins’ order says, “the disappearance and/or abrupt closure of Bradley D. Hamilton’s law office constitutes an occurrence under Supreme Court Admission and Discipline Rule 23, Section 27(c), which requires the appointment of an attorney surrogate to act as custodian of Bradley Hamilton’s law practice.”

The surrogate order appoints Dechert to act as custodian, transfer files and notify clients pursuant to the rule. The order also grants a 120-day extension on statutes of limitations, deadlines and most filing time limits for Hamilton’s clients, as provided in ADR 23, Section 27(e).

Dechert, whose practice is predominantly family law, said he’s been able to take some of those cases, and other attorneys in Kokomo have stepped up to take bankruptcy and miscellaneous civil cases left unrepresented. He said his first priority as surrogate is making sure files are returned to clients who can then decide how best to proceed with their cases.

Dechert said he’s had limited email contact with Hamilton since being appointed surrogate. “This was not the way it should have been closed down,” Dechert said.

He said some of Hamilton’s clients had filed or were planning to file complaints with the Howard County Bar Association and the Indiana Supreme Court Disciplinary Commission, and he had provided information to clients about filing complaints.

Hamilton was last seen in Kokomo in late September. He was admitted to practice in 1984 and is listed on the Indiana Roll of Attorneys as active and in good standing, with prior disciplinary matters filed in 2010 concluded in March 2012.

Indiana Supreme Court public information officer Kathryn Dolan said the Disciplinary Commission has not issued a verified petition for discipline in Hamilton’s case. She said she could not comment on whether any complaints had been filed because they remain confidential before the issuance of a verified petition.

But Dolan said Hamilton’s case shows that the attorney surrogate rule adopted in recent years is working. “The goal here is to make sure that clients are represented,” she said.

Hamilton also might be facing criminal charges.

“The matter is still under investigation, and I can say our office has received some complaints against Mr. Hamilton which we are investigating,” Howard County Prosecutor Mark McCann said. “We’re still trying to talk to victims and alleged victims.”

Hopkins said the situation presents challenges for the court and attorneys. Dechert has petitioned the court for guidance on how to handle money Hamilton’s practice retained, for instance, and for everyday matters such as how to handle mail that arrives at the office. There’s also at least one case where there might be a conflict. Hopkins said he’ll soon rule on those sorts of issues.

“It’s a difficult situation for any attorney even under the best of circumstances,” Hopkins said of those who act as surrogates or take cases where a surrogate has been appointed. Dechert, for instance, has incurred out-of-pocket expense, Hopkins said.

“You’re asking an attorney to walk in and take over a goodly number of cases with no background in the cases at all and doing what needs to be done under the surrogate rule, and probably doing a lot of it for free,” Hopkins said.

“It’s a pretty good undertaking for anyone who walks into this position, and yet we have to have some way to do it,” he said.

Vent said the local legal community is trying to make the best of a bad situation. “You typically don’t need a lawyer unless there’s some sort of trouble in your life or an issue in your life you need help with,” she said. “I’m just frustrated that his departure has left so many people up in the air.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT