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In re Mitchell12/9/2005
ORIGINAL PROCEEDING IN DISCIPLINE
Two years' supervised probation.
This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Amy R. Mitchell, a Kansas attorney whose last registration address with the Clerk of the Appellate Courts of Kansas is Olathe, Kansas. Mitchell was admitted to the practice of law in the state of Kansas in 1999.
The alleged misconduct arises from four complaints, DA8682, DA8683, DA8699, and DA9047, which regard the respondent's representation of clients Shawn Brown, Kelly Anderson, Daniel Markowitz, and Jan Godfrey, respectively.
On October 9, 2003, the Disciplinary Administrator filed a formal complaint. The respondent answered, denying several of the factual allegations. On June 25, 2004, the Disciplinary Administrator filed a second formal complaint. The respondent again denied several of the factual allegations.
A panel of the Kansas Board for Discipline of Attorneys conducted a formal hearing on September 30, 2004. At the hearing, the respondent stipulated to violations of KRPC 1.1 (2004 Kan. Ct. R. Annot. 342) (competence); KRPC 1.3 (2004 Kan. Ct. R. Annot. 354) (diligence); KRPC 1.4 (2004 Kan. Ct. R. Annot. 367) (communication); KRPC 8.1 (2004 Kan. Ct. R. Annot. 480) (bar admission and disciplinary matters); KRPC 8.4(c) (2004 Kan. Ct. R. Annot. 485) (misconduct); and Kansas Supreme Court Rule 207(b) (2004 Kan. Ct. R. Annot. 261) (duty to provide information). The panel later prepared a report containing its findings of fact, conclusions of law, and recommendations for discipline. The respondent filed no exceptions to the hearing panel's report. The underlying facts found by the panel concerning these violations are summarized as follows:
FINDINGS OF FACT
Complaint of Shawn Brown (DA8682)
On approximately November 9, 1999, Shawn Brown retained the respondent to represent him regarding a "slip and fall" accident which occurred at a Hardee's Restaurant on July 28, 1999. On November 29, 1999, Mr. Brown and the respondent entered into a contingent fee contract.
On July 27, 2001, the last day of the statute of limitations, the respondent filed suit on behalf of Mr. Brown. The respondent had not previously handled a "slip and fall" case and did not possess the requisite knowledge necessary to handle such a case.
After the respondent filed suit, she failed to even attempt to achieve service of process on the defendant. She took no action on Mr. Brown's behalf following the filing of the law suit.
On October 7, 2001, the respondent went on maternity leave.
On October 25, 2001, the court reviewed the lawsuit. The respondent did not appear in behalf of Mr. Brown. No one from her firm, Speer, Holliday & Veatch, appeared in behalf of Mr. Brown. The court continued the case to November 19, 2001. At that time, again, no one appeared in behalf of Mr. Brown. Because the respondent failed to achieve service and because no one appeared in behalf of Mr. Brown, on November 19, 2001, the court dismissed Mr. Brown's case.
In November 2001, while on maternity leave, the respondent left the employment of Speer, Holliday & Veatch.
The respondent failed to communicate with Mr. Brown regarding the status of his case. Although Mr. Brown learned on his own that the case had been dismissed, the respondent never informed Mr. Brown of that fact.
According to Mr. Brown, he owed $15,000 in outstanding medical bills due to his injury from his fall at Hardee's.
In September 2002, Mr. Brown filed a complaint with th
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