Thursday, April 10, 2008
An attorney was suspended for three months by the Supreme Court of Kansas a result of two complaints. In a bankruptcy matter, the following misconduct took place:
"Beginning September 1, 2004, pursuant to a rule change, the United States Bankruptcy Court required that all pleadings be filed electronically. In order to file electronic pleadings with the bankruptcy court, an attorney must have a login name and password.
In January 2005, Respondent attempted to file a bankruptcy case, in behalf of another client, using paper pleadings rather than electronic pleadings. The bankruptcy court sent Respondent an order and in the order advised Respondent that petitions and other pleadings must be filed electronically. The court ordered Respondent to attend the required training, pass the examination, and obtain a login name and password within 30 days. Respondent failed to obtain a login name and password within 30 days.
On March 31, 2005, Respondent attempted to file a bankruptcy case in behalf of another client. On April 11, 2005, a bankruptcy judge advised Respondent in writing that he was not permitted to file a bankruptcy case using paper pleadings and that all pleadings must be filed electronically."
The lawyer never got the log in name and password and failed to file the case in conformity with court rules. He did not return the advanced fee after discharge. The second complaint involved his failure to properly handle discovery responses, to respond to a summary judgment motion and to inform the clients of the resulting adverse judgment. (Mike Frisch)