April 22, 2011
The Kansas Supreme Court found that an attorney had violated his ethical responsibilities in facilitating the unauthorized practice of his law partner (admitted in Missouri but not Kansas) in representing a plaintiff in a medical malpractice matter. The attorney violated various duties to the client, failed to properly supervise the partner and in assisted in unauthorized practice.
The partner had behaved badly by allowing the case to be dismissed, falsely advising the client it had settled, and providing her with her "share" of the proceeds. The truth was discovered when a second attorney was consulted by the client.
The court rejected the suggestion that the conduct was negligent and merited a public censure. The attorney was suspended for one year but may apply for reinstatement after six months. (Mike Frisch)
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