ILNews

Supreme Court disbars attorney

Back to TopCommentsE-mailPrintBookmark and Share

A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return. The two dissenting justices believed the attorney should be suspended for three years without automatic reinstatement.

In the case In the Matter of: Robert E. Lehman, No. 49S00-0808-DI-471, Chief Justice Randall T. Shepard and Justices Theodore Boehm and Brent Dickson voted to disbar Robert Lehman from the practice of law immediately. In 2008, Lehman was charged in federal court with three counts of understating his income on federal tax returns for 2002, 2003, and 2004. He pleaded guilty to one count, was fined $10,000 and sentenced to eight months in prison followed by one year of supervised release.

Lehman already has three disciplinary actions on his record from 1997, 2004, and 2007 for matters while representing clients or conduct at trial.

The high court found Lehman violated Indiana Professional Conduct Rules 8.4(b), committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; and 8.4(c), engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

"Respondent pled guilty to a federal felony involving false swearing and misrepresentation, he acted out of a selfish motivation, and he has a substantial disciplinary history. In addition, he has neither challenged the hearing officer's report nor argued any mitigating facts. Under these circumstances, the Court concludes disbarment is warranted," the per curiam opinion stated.

Justices Frank Sullivan and Robert Rucker concurred with the majority, except they would impose a three-year suspension without automatic reinstatement.

ADVERTISEMENT

  • not a defense
    My post below was not a defense of Lehman, but rather a note that all, and esp the media, should pay close attention to those who are and are not disciplined or admitted in Indiana. It could be alleged that themes that emerge from a study are not in keeping witn due process, equal protection and constitutional governance. Such was my point above.
  • not a defense
    My post below was not a defense of Lehman, but rather a note that all, and esp the media, should pay close attention to those who are and are not disciplined or admitted in Indiana. It could be alleged that themes that emerge from a study are not in keeping witn due process, equal protection and constitutional governance. Such was my point above.
  • If Hoosier justice was done
    If Hoosier justice was done then those troublecausers who spoke out against Lois Lerner would be stripped of their ability to support their families and economically ruined. Who needs re-education camps when those who speak out against the kommisars can be ruined financially and thus made a public spectical for all other dissenters to gaze upon in horror? What the IRS needs to do is turn the tables on these tea party types and have a few show trials! (Too bad for the IRS that the US Constitution applies to whistleblowers, so Hoosier justice cannot be applied)

    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

    facebook - twitter on Facebook & Twitter

    Indiana State Bar Association

    Indianapolis Bar Association

    Evansville Bar Association

    Allen County Bar Association

    Indiana Lawyer on Facebook

    facebook
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

    2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

    3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

    4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

    5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

    ADVERTISEMENT