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In re Wiles12/6/2002
ORIGINAL PROCEEDING IN DISCIPLINE
Original proceeding in discipline.
Published censure.
This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Stanley L. Wiles of Kansas City, Missouri, an attorney who has been admitted to the practice of law in Kansas. The hearing panel concluded that respondent had violated Kansas Rules of Professional Conduct (KRPC) 1.3 (diligence) (2001 Kan. Ct. R. Annot. 323), 1.4 (communication) (2001 Kan. Ct. R. Annot. 334), 1.5 (fees) (2001 Kan. Ct. R. Annot. 345), and 1.15 (safekeeping property) (2001 Kan. Ct. R. Annot. 376). The hearing panel also concluded that respondent had violated KRPC 1.1 (competence) (2001 Kan. Ct. R. Annot. 312), citing State v. Caenen, 235 Kan. 451, 681 P.2d 639 (1984). The panel recommended published censure. We adopt and impose the panel's recommendation.
On May 16, 2002, the hearing panel met and deliberated on the issues in this case. Prior to the hearing, pursuant to a written stipulation entered into by respondent and his counsel, Jerry R. Palmer, respondent agreed to waive his right to a hearing on this matter.
The hearing panel made the following findings of fact and conclusions of law:
"1. Stanley L. Wiles (hereinafter 'the Respondent') is an attorney [practicing in Kansas] . . . . The Respondent's last registration address with the Clerk of the Appellate Courts of Kansas is . . Kansas City, Missouri . . . .
"2. In January 1996, Lindy S. Painter sustained injuries to her back when the elevator that she was riding in, at the University of Kansas Medical Center, fell several floors. Ms. Painter retained an attorney to file suit against the University of Kansas Medical Center, the Kansas State Board of Regents, and Montgomery-Kone, Inc. (Montgomery-Kone, Inc., was the company that installed and maintained the elevator.)
"3. On September 9, 1998, Ms. Painter's lawsuit was dismissed without prejudice.
"4. Thereafter, on February 24, 1999, Ms. Painter retained the Respondent to refile the lawsuit. Ms. painter and the Respondent entered into a contingency fee agreement. The agreement provided as follows:
'For such professional services rendered, I also hereby agree to pay said Stanley L. Wiles 45% of the gross amount recovered on my behalf on this claim, 45% if my case goes to trial.'
The agreement did not advise Ms. Painter of her right to have the fee reviewed by the District Court. Additionally, the agreement did not properly state that expenses were to be deducted before the settlement was divided between the Respondent and Ms. Painter.
"5. On March 5, 1999, the Respondent refiled Ms. Painter's lawsuit against the University of Kansas Medical Center, the Kansas State Board of Regents, and Montgomery-Kone, Inc., in Wyandotte County District Court case number 99-C-1033.
"6. On July 20, 1999, the University of Kansas Medical Center and the Kansas State Board of Regents filed a motion to dismiss the lawsuit. Thereafter, on January 19, 2000, the court granted the motion and dismissed Ms. Painter's case as against the University of Kansas Medical Center and the Kansas State Board of Regents. In its journal entry, the court found the following facts to be true:
'3. Plaintiff re-filed the current case on March 5, 1999.
'4. Plaintiff sent a letter on May 21, 1999, to the State Attorney General, Carla Stovall, stating "I am [sending] you a copy of the Petition for Damages and Praecipe on this case." Plaintiff's counsel sent the letter by certified mail. The contents of the letter did not include
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