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In re Rock2/18/2005
ORIGINAL PROCEEDING IN DISCIPLINE
Original proceeding in discipline.
Disbarrment.
This is an original, uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Gordon M. Rock, Jr., an attorney licensed to practice law in the state of Kansas whose last known business address is in Johnson County, Kansas.
The formal complaint filed by the Disciplinary Administrator alleged that Rock violated Kansas Rules of Professional Conduct (KRPC) 1.1 (2004 Kan. Ct. R. Annot. 342) (competent representation), KRPC 1.3 (2004 Kan. Ct. R. Annot. 354) (diligence and promptness), KRPC 1.4 (2004 Kan. Ct. R. Annot. 367) (communication with client), KRPC 1.15(a) (2004 Kan. Ct. R. Annot. 414) (safekeeping property), KRPC 1.15(b) (prompt delivery of funds or property), KRPC 1.16(d) (2004 Kan. Ct. R. Annot. 426) (termination of representation), KRPC 3.4 (2004 Kan. Ct. R. Annot. 449) (compliance with discovery requests), KRPC 8.1 (2004 Kan. Ct. R. Annot. 480) (cooperation in disciplinary investigations), KRPC 8.4(a) (2004 Kan. Ct. R. Annot. 485) (professional misconduct), KRPC 8.4(b) (committing a criminal act), KRPC 8.4(c) (dishonest, fraudulent, or deceitful conduct), KRPC 8.4(d) (conduct prejudicial to the administration of justice), KRPC 8.4(g) (conduct adversely reflecting on fitness to practice), and Supreme Court Rule 207 (2004 Kan. Ct. R. Annot. 261) (cooperation with Disciplinary Administrator).
The complaint was heard by a duly constituted hearing panel of the Kansas Board for Discipline of Attorneys on May 20, 2004. The respondent, Gordon M. Rock, Jr., although lawfully notified, failed to appear.
The hearing panel, after admitting exhibits and hearing testimony by seven witnesses, made the following findings of fact from the five different complainants, which are summarized as follows:
Monica Hayden-Carroll
In March 2001, Monica Hayden-Carroll retained Rock to bring a medical malpractice lawsuit against an orthopedic group that operated on her knee. Hayden-Carroll paid Rock approximately $1,150, including a filing fee, record copying fees, and an expert evaluation fee. Rock filed an action on behalf of Hayden-Carroll in the Johnson County District Court in August 2001. In March 2002, Rock advised Hayden-Carroll that she did not have a case and told her that he wanted to dismiss the case, investigate different options, and refile within 6 months. Although Hayden-Carroll repeatedly attempted to contact Rock and inquire about the status of her case, Rock failed to respond to any of Hayden-Carroll's calls until July 2002. At that time, Rock informed Hayden-Carroll that she did not have a claim. Hayden-Carroll requested a copy of the medical expert's report and the return of her records. Rock did not provide Hayden-Carroll with a copy of the medical expert's report or return her medical records. In December 2002, this court issued a subpoena duces tecum to Rock requesting that he produce all of the files, memoranda, records, and documents regarding his representation of Hayden-Carroll. The Disciplinary Administrator's office attempted to serve the subpoena but could not locate him. Rock failed to produce any of the documents requested, and Hayden-Carroll had to replace all of her medical records.
Owen Lecheler
Owen Lecheler hired Rock in February 2000 to represent Lecheler's brother, Norbert, who lived in a nursing home because he had been paralyzed from the waist down in a car accident. Lecheler paid Rock $2,867.83 for medical records and an expert consultation. In November 2001, an insurance company offered to settle with Norbert for $500,000, but Rock advi
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