August 16, 2010
Best Laid Plans Result In Disbarment
The Kansas Supreme Court has disbarred a suspended attorney for post-suspension activities that involved the continuing practice of law. The court rejected the contention that the attorney had done "exactly what a suspended attorney is supposed to do..." and agreed with the disciplinary administator that he had, in effect, purchased the license of another attorney to continue practicing during the suspension period.
The other attorney did not supervise the suspended attorney; rather, he was paid as the suspended attorney's independant contractor. The so-called employing attorney was not a shareholder or officer of the professional corporation:
...we do not view [the suspended attorney's] conduct to be an inadvertant violation, but rather a carefully planned scheme to circumvent the suspension order in order to continue to his law practice.
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