Suspended Means Suspended; Disbarred Means Disbarred

A suspended attorney who had continued to practice in violation of the order has been disbarred by the Indiana Supreme Court.

On or about the date his active suspension began, Respondent entered his appearance as counsel for the mother in a paternity action. Two months later, after the paternity court had ordered Respondent’s appearance be withdrawn due to his suspension, Respondent filed with the court a minute entry purporting to represent the mother as her “translator” and requesting a final hearing be set. As a result of that conduct, we issued an order finding Respondent in contempt and ordering Respondent to pay a fine of $500 within sixty days. Matter of Lehman, ___ N.E.3d ___, 2015 WL 10844474 (Ind. Oct. 7, 2015). Respondent has not paid that fine.

The court found he represented clients in two other matters and concludes

The sanctions this Court may impose for contempt include ordering a fine, disgorgement of ill-gotten gains, imprisonment, and extension of an attorney’s suspension or removal from practice. See Matter of Hurtt, 43 N.E.3d 567 (Ind. 2015); Matter of Haigh, 7 N.E.3d 980 (Ind. 2014). Respondent’s repeated contemptuous acts over the years have resulted in fines, imprisonment, and the suspension of his law license. None of the sanctions previously imposed has deterred Respondent from continuing to engage in the practice of law in defiance of his suspension order, and Respondent’s repeated violations of that order have exposed the public to the danger of misconduct by an attorney who has yet to prove his remorse, rehabilitation, and fitness to practice law through the reinstatement process. Under these circumstances, the Court concludes that disbarment is warranted.

He has also been criminally convicted of unauthorized practice. (Mike Frisch)