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Lawyer disbarred for client altercation, numerous violations

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A criminal defense lawyer accused of instigating a physical altercation with a former client at the City-County Building in Indianapolis and committing numerous rules violations has been disbarred.

Steven B. Geller had to be restrained by guards after accosting a former client he believed owed him money at the courthouse in Indianapolis. He yelled at the ex-client, "I'll f***ing kill you!", according to the Indiana Supreme Court order of disbarment in In the Matter of: Steven B. Geller, 49S00-1106-DI-318.

"The Court concludes that (Geller) violated the Indiana Rules of Professional Conduct by multiple acts of misconduct, including dishonesty to a court and to the (Disciplinary) Commission, improper ex parte communication with a judge, improper communication with a represented party, pervasive neglect of vulnerable clients, disorderly conduct in a judicial facility, and conduct prejudicial to the administration of justice," the 15-page per curiam order says.

Justices approved disbarment in a 4-1 decision. Justice Mark Massa concurred in part and dissented in part and would have imposed a three-year suspension without automatic reinstatement.

Geller had been suspended for one year in 2000 for threatening to reveal a client’s conviction for child molesting to fellow inmates in retaliation when the client threatened to file a grievance, the court noted, along with three financial violations.

“The Court notes [Geller’s] history of misconduct, his unsuccessful prior attempt at rehabilitation, his inability to appreciate the wrongfulness of his current misconduct (except admitting "losing it" in Count 1), and his confrontational attitude toward those involved in the disciplinary process,” the order reads.

“Of particular concern is (Geller’s) continued inability to manage his anger, his attempts to blame others, including his own clients, for his misconduct, and his dishonesty toward a court and the Commission. Under these circumstances, the Court concludes that disbarment is warranted.”

The court found Geller violated a dozen Rules of Professional Conduct. They are:

-- 1.3: Failure to act with reasonable diligence and promptness;
-- 1.4(a)(3): Failure to keep a client reasonably informed about the status of a matter;
-- 1.4(a)(4): Failure to comply promptly with a client's reasonable requests for information;
-- 1.4(b): Failure to explain a matter to the extent reasonably necessary to permit a client to make informed decisions;
-- 1.5(b): Failing to communicate the scope of the lawyer's representation and the basis or rate of the fee for which a client will be responsible;
-- 1.16(d): After the termination of representation, failure to protect a client's interests, failure to refund an unearned fee, and failure promptly to return to a client case file materials to which the client is entitled;
-- 3.3(a)(1): Knowingly making a false statement of fact or law to a tribunal;
-- 3.5(b): Engaging in an improper ex parte communication with a judge;
-- 4.2: Improperly communicating with a person the lawyer knows to be represented by another lawyer in the matter;
-- 8.1(a): Knowingly making a false statement of material fact to the Disciplinary Commission in connection with a disciplinary matter;
-- 8.4(b): Committing a criminal act (disorderly conduct) that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer; and
-- 8.4(d): Engaging in conduct prejudicial to the administration of justice.

Separately, Geller was criminally charged in March 2013 with five counts of Class D felony tax evasion for failing to file Indiana individual or business income tax returns for the years 2007 through 2011.

According to the Marion County Prosecutor’s Office, Geller is due in Marion Superior Criminal Court 25 for a pretrial conference on May 29. His trial date is currently set for June 10.

Geller was admitted to practice in 1989.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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