Lawyer Belted With Indefinite Suspension For Taking No Action On Three Clients' Cases & Being Largely Unresponsive To Their Inquiries After Pocketing Upfront Fees From Them, Then Failing To Refund Unearned Fees & Stiffing Bar Disciplinary Commission During Subsequent Investigation Into Client Complaints

The Indiana Lawyer reports:

• Kenneth C. Kern, of Marion County, [Indiana] has been suspended for at least one year, without automatic reinstatement, beginning Sept. 22.(1) Kern took no action on three clients’ cases after accepting flat fees, was largely unresponsive to client inquiries, and failed to refund any unearned fees. Kern also failed to cooperate with the Disciplinary Commission on two of the matters. The costs of the proceedings are assessed against him. Justice David voted to disbar Kern.

Source: Discipinary Actions - 8/24/16.

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(1) See In re Kenneth C. Kern: Published Order Finding Misconduct and Imposing Discipline:

• Facts: In Count 1, “Client 1” hired Respondent to obtain a hardship driver’s license and settle an IRS tax lien. Client 1 paid Respondent a $1,900 flat fee. Over the next several months, Client 1 repeatedly and unsuccessfully tried to contact Respondent regarding the status of the case. Meanwhile, Respondent took no action toward resolution of Client 1’s legal issues.
  
  Client 1 eventually fired Respondent. Respondent told Client 1 he would refund unearned fees, but he failed to do so.
  
  In Counts 2 and 3, “Clients 2 and 3” hired Respondent to complete criminal record expungements and paid Respondent flat fees. Thereafter, Respondent was largely unresponsive to inquiries from Clients 2 and 3 regarding the status of their cases, took no action toward resolution of their legal issues, and failed to refund any portion of the unearned fees.
  
  Respondent also failed to cooperate with the Commission’s investigation into both of these matters.
  
  Respondent has prior discipline. Matter of Kern, 655 N.E.2d 339 (Ind. 1995); Matter of Kern, 555 N.E.2d 479 (Ind. 1990). Respondent also has been the subject of three recent show cause proceedings for failing to cooperate with disciplinary investigations