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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA Hobart attorney has been suspended from the practice of law for 30 days after failing to provide competent representation for a client, according to the Indiana Supreme Court Disciplinary Commission.
The suspension for attorney Michael Deppe with the Deppe Law Center begins on June 17. During his suspension, Deppe cannot undertake any new legal matters.
Deppe did not immediately respond to The Indiana Lawyer’s request for comment.
According to case documents, Deppe’s suspension stems from a medical malpractice case that was transferred to him after the client’s original attorney was also suspended from the practice.
During the original attorney’s representation, the client had settled with defendants for the statutory cap and later sought damages from the Indiana Patient’s Compensation Fund, according to court documents. But the original attorney failed to comply with both an initial and extended deadline to share expert witnesses with the compensation fund.
When Deppe took over the case, he sought to file a belated disclosure of the expert witnesses but the fund had already successfully moved to strike the case’s witnesses. Deppe then filed a notice of appeal but didn’t ask the client’s permission to appeal nor did he notify the client when he filed it.
Deppe also failed to timely request that the Indiana Court of Appeals accept jurisdiction over the case.
Because of those factors, the fund successfully moved to dismiss his appeal. Once the case was back in the trial court, the client and compensation fund settled the case for $174,279.
The client objected to Deppe’s retainment of 40% of the settlement amount, so Deppe agreed to reduce the settlement fee to one-third of the amount and reimbursed the client.
However, both the 40% and one-third retainment amounts exceeded the 15% statutory cap on fees associated with recovery from the compensation fund. Deppe testified that he didn’t know about the statutory cap but now cannot refund the difference.
Deppe will be automatically reinstated once the suspension has concluded but is still subject to at least two years of probation, during which time he must make restitution to his client in the amount of $48,725.02.
The case is In the Matter of: Michael L. Deppe, 25S-DI-00084.
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