Misrepresentation, Frivolous Defamation Suit Leads To Suspension

The Indiana Supreme Court has imposed a 90-day suspension of an attorney who had sued for defamation without legal justification.

The attorney had obtained a judgment on behalf of his client, a Bank, and made a false statement in the appeal

AB petitioned for rehearing, again pointing out (as he had done in the trial court and at earlier stages of the appeal) that he had timely filed the MTCE on April 29. The Court of Appeals granted AB’s petition and, after further briefing by the parties, issued a decision reversing the trial court and holding Bank’s action against AB was time-barred.

Then

AB then retained an attorney (“CD”) to evaluate a potential claim against Respondent based on his misleading assertions in the collection action and appeal. In subsequent communications between Respondent and CD, Respondent demanded a retraction of the allegation that he had misled the trial and appellate courts regarding the filing date of the MTCE. When CD would not issue a retraction, Respondent filed a federal lawsuit against AB and CD, alleging defamation among other things. As subsequently amended, the complaint sought over $500,000. AB and CD filed motions to dismiss, which the district court granted. Respondent concedes he had no basis in fact or law for his defamation claim.

In a written response to the Commission during its investigation of these events, Respondent selectively quoted the language of Trial Rule 59(C) in a manner that inaccurately suggested AB’s MTCE would have been untimely regardless of whether it had been filed on April 29 or May 2.

 The sanction does not  carry automatic reinstatement. (Mike Frisch)