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In re Wiles12/6/2002
provide competent representation to their clients. KRPC 1.1. 'Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.' Id. The Respondent failed to provide competent representation when he . . . failed to timely obtain service of process on the defendants in the personal injury case for Ms. Painter. Accordingly, the Hearing Panel concludes that the Respondent violated KRPC 1.1.
"3. Attorneys must act with reasonable diligence and promptness in representing their clients. See KRPC 1.3. In this case, the Respondent failed to provide diligent representation to Ms. Painter when the Respondent failed to timely obtain service of process on the defendants in the personal injury suit. Because the Respondent failed to act with reasonable diligence and promptness in representing Ms. Painter, the Hearing Panel concludes that the Respondent violated KRPC 1.3.
"4. KRPC 1.4(a) provides that ' lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.' Id. The Respondent failed to inform Ms. Painter regarding the status of her case and the reason for the dismissal. Accordingly, the Hearing Panel concludes that the Respondent violated KRPC 1.4(a).
"5. When a lawyer enters into a contingent fee agreement, the agreement:
'shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, and the litigation and other expenses to be deducted before the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the client's share and amount and the method of its determination. The statement shall advise the client of the right to have the fee reviewed as provided in subsection (e).' KRPC 1.5(d).
In this case, the Respondent's contingent fee agreement did not advise Ms. Painter of her right to have the Respondent's fee reviewed pursuant to KRPC 1.5(e). As such, the Hearing Panel concludes that the Respondent violated KRPC 1.5(d).
"6. A lawyer must safeguard the property of his client and a lawyer must also 'hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property.' KRPC 1.15(a). Additionally, a lawyer must hold client funds in a 'separate account maintained in the state of Kansas.' Id. In this case, the Respondent deposited the settlement proceeds paid by Montgomery-Kone, Inc., into the Respondent's operating account. The Respondent then issued a check to Ms. Painter for her share of the settlement. However, the bank did not pay the check issued to Ms. Painter because there were insufficient funds in the account to cover the check. Because the Respondent failed to deposit the settlement proceeds into a 'separate' or trust account, and because the Respondent commingled his funds with his client's funds, the Hearing Panel concludes that the Respondent violated KRPC 1.15(a).
"RECOMMENDATION
"In making this recommendation for discipline, the Hearing Panel considered the factors outlined by the American Bar Association in its Standards for Imposing Lawyer Sanctions (hereinafter 'Standards'). Pursuant to Standard 3, the factors to be considered are the duty violated, the lawyer's mental state, the potential or actual injury caused by the lawyer's misconduct, and the existence of aggravating or mitigating factors.
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