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A Crown Point attorney has been suspended from the practice of law after he was found to have failed to provide proper representation to several clients, according to the Indiana Supreme Court.
The suspension for Samuel Berkman, of Berkman Law, begins on Nov. 20, according to a disciplinary order issued by the high court last week based on the state disciplinary commission’s recommendations. .
Berkman will be suspended for 120 days, with 60 days actively served, and the remainder stayed subject to his completion of at least two years of probation with monitoring by the Judges and Lawyers Assistance Program.
In his case, Berkman admitted to five counts of misconduct. At all times relevant to the counts, Berkman had health conditions that impaired his ability to practice law, the commission said.
Berkman did not immediately respond to The Indiana Lawyer’s request for comment Monday.
Three of the charges correspond with him accepting retainers to represent three clients charged with misdemeanors.
With those clients, Berkman did not sufficiently communicate with them and did little to no work on their cases, according to the commission.
In two of the three cases, Berkman failed to file an appearance and attend scheduled hearings. He also failed to refund the unearned fee in one of the cases until after the disciplinary complaint was filed.
In counts four and five, Berkman failed to appear in court in several dozen cases ranging from infractions to low-level felonies, all occurring between January 2024 and January 2025.
With Berkman’s consent, an attorney surrogate was appointed in February 2025 to assume responsibility for his law practice. Berkman has also engaged JLAP to address factors contributing to his misconduct.
Berkman was found to have violated the following Indiana Professional Conduct Rules:
- 1.1: Failing to provide competent representation.
- 1.3: Failing to act with reasonable diligence and promptness.
- 1.4(a)(2): Failing to reasonably consult with a client about the means by which the client’s objectives are to be accomplished.
- 1.4(a)(3): Failing to keep a client reasonably informed about the status of a matter.
- 1.4(a)(4): Failing to comply promptly with a client’s reasonable requests for information.
- 1.16(a)(2): Failing to withdraw from representation when the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client.
- 1.16(d): Failing to refund an unearned fee promptly upon termination of representation.
- 8.4(d): Engaging in conduct prejudicial to the administration of justice.
In addition to serving his suspension, Berkman is ordered to pay $347.87 for the costs of the proceeding.
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