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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

    2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

    3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

    4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

    5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

    ADVERTISEMENT