 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
IN RE McINTOSH3/8/1996
This is an original attorney discipline proceeding filed by the office of the Disciplinary Administrator against Michael R. McIntosh, of Kansas City, Kansas, an attorney admitted to the practice of law in Kansas. The complaint filed in case No. B5721 was heard before a panel of the Kansas Board for the Discipline of Attorneys. The panel found:
Count I: Violation of MRPC 1.15(b) (1995 Kan. Ct. R. Annot. 294).
Count II: No violation.
Count III: Violation of Supreme Court Rule 207 (1995 Kan. Ct. R. Annot. 202).
The panel recommended the discipline of published censure. Respondent has filed no exceptions. The Disciplinary Administrator appeals and takes exception to the panel's finding that the Disciplinary Administrator's office had failed to establish the violation alleged in Count II by clear and convincing evidence.
We shall first dispose of a jurisdictional issue raised by the respondent. Supreme Court Rule 211(f) (1995 Kan. Ct. R. Annot. 211) provides in pertinent part:
"If the final hearing report does not recommend discipline, and the Disciplinary Administrator does not appeal therefrom, the report shall be filed with the secretary of the Board and with the Disciplinary Administrator.
"If the final hearing report or reports do not recommend discipline, or if the complaint is dismissed by the panel or if the panel recommends discipline other than as set forth in Rule 203(a)(1), (2), (3), or (5) an appeal may be taken by the Disciplinary Administrator to the Supreme Court for final disposition. The appellate procedure shall be as provided in Rule 212(b).
"If the final hearing report recommends discipline as prescribed by Rule 203(a)(1), (2), (3), or (5) or if the Disciplinary Administrator appeals from other action taken as set forth in the preceding paragraph, the report, findings, and recommendations of the panel together with the complaint, answer, and transcript, if any, shall be filed with the Clerk of the Appellate Courts> and the matter shall proceed as provided by Rule 212." (Emphasis supplied.)
The respondent argues the rule does not authorize the Disciplinary Administrator to appeal from the dismissal of only one count of a multi-count complaint. Respondent cites no authority for his position, and we find no merit therein. Each count in a complaint is a separate charge which must be proven by clear and convincing evidence. The Disciplinary Administrator's right of appeal under Supreme Court Rule 211(f) is unaffected by whether the dismissal of a charge occurred in a single count complaint or was one count of a multi-count complaint.
We turn now to the merits of the matter herein.
COUNT I
The disciplinary panel's findings of fact relative to Count I are as follows:
"1. Michael R. McIntosh, is an attorney at law, Kansas Attorney Registration No. 10552. His last registration address with the Clerk of the Appellate Courts> of Kansas is 1999 North 77th Street, Kansas City, Kansas 66112.
"2. Although respondent did not have an attorney trust account in 1992 he did have a law office account at Douglas Bank in Kansas City, Kansas, and a business account called Fortex Industries at the Commerce Bank in Kansas City, Missouri.
"3. Fortex Industries is a distributing company that sells caps and T-shirts through convenience stores. It is not related to respondent's law practice.
"4. On or about July 22, 1991, Barbara Hill and her daughter, Kimberly Hill, were injured
Page 1 2 3 4 5 6 Kansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|