Office Manager Settled Cases And Misappropriated; Attorney Suspended

The Kansas Supreme Court has ordered a three-month suspension of an attorney for misconduct that involved, among other things, the failure to supervise a non-attorney employee

With regard to KRPC 1.15 and 5.3, the facts are clear and convincing that respondent did not properly supervise his office manager, he failed to keep a master list of clients, and he failed to keep proper accounting records. These failures resulted in unauthorized settlement negotiations, delays or omissions of deposits or disbursement of funds, and misappropriation of monies. Had respondent acted with the care of a "professional fiduciary" (see KRPC 1.15, Comment [1] [2013 Kan. Ct. R. Annot. 556]) and provided "appropriate instruction and supervision concerning the ethical aspects" of the office manager's employment (see KRPC 5.3, Comment [1] [2013 Kan. Ct. R. Annot. 627]), the monetary losses may have been thwarted and certainly could be more accurately accounted for so that full restitution could occur. There is clear and convincing evidence that respondent violated KRPC 1.15 and 5.3.

Investigation into the client's complaint led to the discovery of other thefts by the office manager.

The attorney did not know of the misconduct of the office manager but "should have known." (Mike Frisch)