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IN RE GORDON12/8/1995
This is an uncontested attorney discipline proceeding involving respondent Philip D. Gordon, an attorney licensed to practice law in Kansas. Three separate complaints involving seven separate incidents were filed by the Disciplinary Administrator claiming that respondent had violated MRPC 1.1 (1994 Kan. Ct. R. Annot. 292) (competency), 1.2 (1994 Kan. Ct. R. Annot. 295) (failing to abide by client's decisions), 1.3 (1994 Kan. Ct. R. Annot. 297) (diligence), 1.4 (1994 Kan. Ct. R. Annot. 302) (failing to reasonably inform client), 1.15 (1994 Kan. Ct. R. Annot. 332) (failing to safekeep property), 3.2 (1994 Kan. Ct. R. Annot. 347) (failing to expedite litigation), 3.4 (1994 Kan. Ct. R. Annot. 352) (fairness to opposing party and counsel), 4.1 (1994 Kan. Ct. R. Annot. 360) (untruthful in statements to others), 8.1 (1994 Kan. Ct. R. Annot. 376) (failing to disclose facts), and 8.4 (1994 Kan. Ct. R. Annot. 379) (misconduct that adversely reflects on fitness to practice law). Respondent answered the formal complaints and admitted a majority of the facts alleged.
The complaints were consolidated and heard by the hearing panel on September 30, 1994, and November 9, 1994. The hearing panel made the findings and conclusions set out in this opinion.
B5733
Theresa and Gerald Skaggs retained respondent to represent them concerning a defect in the swimming pool of a home they purchased. Respondent submitted a demand letter to the realtor on October 17, 1991. A response from the realtor denying the
demand was sent to respondent on November 1, 1991. Respondent did not keep the Skaggs advised, by telephone or in writing, of the status of their case. The Skaggs tried unsuccessfully on numerous occasions to contact respondent by telephone. In April 1993, Theresa Skaggs sent respondent a letter requesting information concerning the status of the case. In July 1993, after the Disciplinary Administrator notified respondent that this complaint had been filed against him, Mrs. Skaggs received a copy of the demand letter and the realtor 's response.
In his answer to the formal complaint, respondent admitted each allegation. At the hearing, he acknowledged responsibility for the amount the Skaggs spent to repair the pool ($1,500).
The hearing panel found that respondent violated MRPC 1.3 and 1.4.
B5737 — Count I
Joyce Meredith retained respondent to represent her in her divorce. Around May 22, 1992, counsel for Ms. Meredith's husband received a letter from the respondent stating that his client was seeking an emergency divorce. Included with the letter was a petition for divorce and entry of appearance. On May 28, 1992, counsel for the husband returned the signed entry of appearance, some discovery documents, and a letter to respondent expecting that the divorce would be filed by respondent. On June 5, 1992, counsel for the husband discovered the divorce had not been filed. Counsel then contacted respondent concerning the filing of the documents on June 15, 1992. Respondent informed counsel that he had filed the pleadings that day. The documents were in fact filed one week later on June 22, 1992.
On May 28, 1992, counsel for the husband submitted to respondent a request for production of documents. On July 9, 1992, counsel wrote to respondent requesting a response to the discovery. Respondent did not answer. On August 13, 1992, counsel prepared a motion to compel a response but agreed not to file the motion after respondent promised to mail the material on August 14, 1992. Respondent did not comply until August 18, 1992.
A final hearing on the divorce was held September 22, 1992. The
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