Wednesday, February 15, 2017

A series of four frivolous cases filed by an attorney drew an 180-day suspension without automatic reinstatement by the Indiana Supreme Court.

One of the four

Respondent filed suit in federal court against the ABA and 50 law schools, alleging violations of the Americans with Disabilities Act (“ADA”). In his complaint, Respondent sought to mandate each law school to collect disability information from students and faculty, for the ABA to collect disability-based data from students and faculty, and for that information to be provided to Respondent. Respondent soon agreed in an amended complaint to dismiss the law schools from the suit after acknowledging that mandating disclosure of disability information could be an invasion that leads to discrimination. The ABA then filed a motion to dismiss the amended complaint which the District Court granted, citing Respondent’s lack of standing and failure to state a cognizable claim under the ADA. Respondent did not appeal; rather, he sent a letter to the District Court protesting the standing requirement as a form of discrimination.

Sanction

After carefully reviewing the hearing officer’s thorough report, the Court concludes that the hearing officer’s assessment of the evidence, findings of fact, and conclusions of law are well supported, and accordingly we concur with the hearing officer’s conclusion that Respondent violated Professional Conduct Rule 3.1 with respect to each of the four counts. Respondent’s argument that the hearing officer’s report must be dismissed for untimeliness is without merit; Admission and Discipline Rule 23(14)(i) (2016) provides no such remedy, and Rule 23(14)(a) (2016) expressly provides that no motion to dismiss or dilatory motion shall be entertained. Further, we categorically reject Respondent’s arguments that he is being persecuted for his disability-related advocacy. A necessary corollary of the frivolousness of Respondent’s lawsuits is that no relief benefitting the plaintiffs (whether a client or Respondent himself) possibly could have come from those actions. Further, Respondent’s actions risked harm to himself and his client in the form of sanctions, and by Respondent’s own acknowledgement the relief he sought in Straw v. American Bar Association et al. could have led to discrimination against disabled law school faculty. In sum, Respondent does not face discipline for standing upfor disabled persons’ rights, as he perceives, but rather for having done so incompetently.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/02/a-series-of-four-frivolous-cases-filed-by-an-attorney-drew-an-180-day-suspension-without-automatic-reinstatement-one-of-the.html