February 1, 2008
A lawyer was indefinitely suspended by the Kansas Supreme Court for engaging in an improper business transaction with a client arising out of the attempts of the attorney and his wife to either invest in or purchase the client's business, a bar known as the Red Kitten. It appears that the attorney was a patron of the bar as well as its attorney in an eviction action. Further, the attorney had been convicted of a number of criminal offenses, some of which involved alcohol-related traffic violations.
The attorney did not make a favorable impression in his argument before the court:
"we note that Respondent's demeanor and statements at oral argument before this court only amplified our concern about his health and his ability to practice law. Despite the alarm Respondent's numerous criminal convictions and diversions should raise and despite his familiarity with Olberding's evaluation results and recommendations, Respondent appeared to have little insight into his problem with alcohol. He exhibited even less interest in solving it. Under these circumstances, and in view of the harm already done to one client, the majority of this court believes indefinite suspension to be necessary. A minority would impose a less severe sanction." (Mike Frisch)
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