ILNews

Suspended attorney gets 3 more months

Michael W. Hoskins
January 1, 2008
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An Indianapolis attorney is getting one last warning from the Indiana Supreme Court before being suspended indefinitely from practicing law.

Attorney Wilburn G. Lowry of Marion County received an additional 90 days on his suspension handed down nearly a year ago, with the court specifically noting in its Jan. 11, 2008, order that "any future suspension for failure to meet CLE or dues requirements shall result in an indefinite suspension."

In the order In the Matter of Contempt of the Supreme Court of Indiana of Wilburn G. Lowry, the court added an additional three months of suspension after learning that Lowry had practiced law while suspended.

Lowry was suspended Jan. 22, 2007, for 120 days after his admission that he had practiced law at least once during the summer of 2006, when he'd been suspended for failing to meet CLE requirements. He petitioned to be reinstated in July 2007, but the Commission for Continuing Legal Education objected and asserted that Lowry had practiced law at least once in May 2007 during his suspension. Later last year, Lowry admitted that he had made a call to opposing counsel to discuss the possibility of settlement in a case that had "slipped through the cracks" and was set for hearing that month.

The Jan. 11 order also notes that Lowry has recently practiced law on at least two other occasions while suspended, but it doesn't elaborate.

Lowry has a laundry list of nine disciplinary actions dating to 1996 for continuing legal education violations, fee issues, contempt, and previously practicing law while suspended, according to the most recent Indiana Supreme Court order.

A phone number listed with the Indiana Roll of Attorneys had been disconnected this morning at Lowry's Southport Road office in Indianapolis, and he couldn't be reached for comment.

At the end of the suspension, Lowry shall be automatically readmitted to the practice of law subject to the condition that any future suspension for the failure to meet CLE or dues requirements will result in an indefinite suspension from the practice of law without further order of the court and reinstatement in such instance would be only upon satisfying the requirements of Ind. Admission and Discipline Rule 23(4)(b).
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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