Trash Bin Confidentiality Violation

A suspension of not less than two years without automatic reinstatement was imposed by the Indiana Supreme Court for ethics violations in several matters.

Here’s one that may catch your eye

 When moving his office location in 2009, Respondent threw several client files containing confidential client information into a trash bin, where they remained for several days. A newspaper reporter found information in the files relating to paternity and divorce cases, as well as Social Security numbers and financial records.

He mishandled bankruptcy matters and had local judges who testified as to his practice deficiencies

 Judges before whom Respondent practices gave detailed testimony regarding Respondent’s deficiencies in 16 different cases. They testified that Respondent has consistently practiced far below the average level of performance for attorneys in Elkhart County, that he has failed to respond to attempts by the judges to help him improve his deficiencies, that he failed to follow through with an agreement to contact the Indiana Judges and Lawyers Assistance Program (“JLAP”) for an assessment, that Respondent’s deficiencies have created a tremendous amount of trouble for court staff, and that his conduct hurts his clients and the court system. One judge testified that Respondent shows “a complete lack of respect for diligence and represent clients, professionalism and . . . an utter disregard of court orders.

The Goshen News reported his reaction to the court’s order.

The article notes that the attorney’s issues started with trash talk

Lehman’s conduct first came into the public eye in April 2009, when the then-owner of Constant Spring, 219 S. Main St., which is next to Lehman’s office, found legal papers in the bar’s Dumpster. The owner, Jason Oswald, told The News that he complained to Lehman about him using his Dumpster and asked for $40 from Lehman for the cost of emptying the trash container. Lehman agreed to pay the fee. In that article Lehman said he was sorry for the incident and had disposed of the files, thinking they would be taken to a landfill. He was clearing old files while moving his office from Main Street to Clinton Street.

(Mike Frisch)