Sunday, February 3, 2008

Probation Imposed

An attorney who failed to complete representation undertaken in two matters, one involving a divorce and the other a conservatorship where the ward had died, was suspended for three years.The Kansas Supreme Court adopted the recommendation to stay the suspension and place the attorney on probation for three years. The court concluded that probation was appropriate, quoting the findings of its hearing panel:

  "the probation plan proposed by Respondent is workable, substantial, detailed and submitted in compliance with Rule 211(g). The Panel is mindful that Respondent sought a delay in the hearing to allow more time to prove that the probation plan was working as in place and that the extension was denied due to the difficulty in rescheduling the hearing. We have been impressed with the willingness of [the supervising attorney] to take on extensive supervision obligations over an extended term and with Dr. Lerner's testimony concerning Respondent's treatment and voluntary entry into a treatment program for depression before this proceeding. Moreover we credit the testimony of Respondent's fellow practitioners that Respondent provides valuable legal services in an underserved area of the administration of justice in his community."

The probation terms, among other provisions, prohibit the attorney from accepting civil cases and require him to return client phone calls within three days. (Mike Frisch)

 

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