Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Supreme Court has disciplined an Evansville attorney for misconduct after he allegedly failed to protect the interests of a client he was representing in a property dispute case.
The court ordered a 90-day suspension for Brian Oberst, with 30 days actively served and the remainder stayed subject to completing at least two years of probation under a mandatory monitoring agreement by the Indiana Judges and Lawyers Assistance Program.
His suspension begins on April 17.
Oberst is represented by Iosue Law LLC.
Attorneys on his case did not respond to The Indiana Lawyer’s request for comment before Friday’s deadline.
Oberst represented the client in December 2022 when the client’s neighbors filed a lawsuit against him, according to case documents.
The client paid Oberst a $2,500 flat fee but Oberst was allegedly nonresponsive to the client when the suit was filed, failing to timely appear or file an answer to the lawsuit.
When the neighbors moved for a default judgment, Oberst filed an appearance but didn’t file an answer or try to extend the deadline to do so.
Around that same time, Oberst also renegotiated his fee agreement with his client without advising him of his right to independent legal counsel.
The client ultimately paid Oberst an additional $3,000 under the second agreement.
In July 2023, Oberst filed a belated answer and counterclaim on the client’s behalf, and the hearing on the motion for default judgment was continued several times, according to court documents. During this time, Oberst was allegedly nonresponsive and would not meet with the client.
Oberst was fired by email in September 2023, but did not withdraw his appearance until that December.
In withdrawing his appearance, however, he allegedly did not return case materials to the client or provide an accounting to determine if the client should receive a refund of fees or expenses, as requested.
Oberst was suffering from significant health issues over the course of working with the client, and has “all but closed his law practice,” Indiana Supreme Court Chief Justice Loretta Rush wrote in a March 6 disciplinary order.
The supreme court ruled that Oberst violated several Indiana Professional Conduct Rules, including failing to act with reasonable diligence and promptness, failing to timely withdraw from representation after being discharged, and failing to protect a client’s interests upon the termination of representation.
The case is In the Matter of: Brian J. Oberst, 24S-DI-358.
Please enable JavaScript to view this content.