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In re Potter6/3/2005
t and requested that he return the unearned fee and her documentation. The respondent did not respond.
On December 10, 2003, Ms. Crawford filed a complaint with the Disciplinary Administrator's office. On December 24, 2003, the Disciplinary Administrator wrote to the respondent directing that he respond to the initial complaint within 20 days.
Mr. Duma was assigned to also investigate Ms. Crawford's complaint. On January 16, 2003, he wrote to the respondent and reminded him that the Disciplinary Administrator had directed that a response be provided within 20 days. The respondent did not provide a written response.
Complaint of Larry C. Caldwell (DA9197)
On September 5, 2003, Larry C. Caldwell retained the respondent to prepare a deed to transfer the ownership of real property located in Kansas City, Kansas. Mr. Caldwell paid the respondent $500 for the service.
Mr. Caldwell later made several attempts to contact the respondent by telephone. The respondent failed to return the calls.
On April 5, 2004, Mr. Caldwell wrote asking the respondent to contact him regarding the representation as soon as possible. The respondent failed to respond.
Mr. Caldwell forwarded a copy of his April 5, 2004, letter to the Disciplinary Administrator's office as a letter of complaint.
On April 12, 2004, the Disciplinary Administrator wrote to the respondent directing that he respond to the initial complaint within 20 days.
Mr. Duma was assigned to also investigate Mr. Caldwell's complaint. On April 19, 2004, he wrote to the respondent and reminded him that the Disciplinary Administrator had directed that a response be provided within 20 days. The respondent did not provide a written response.
In July, 2004, the respondent finally contacted Mr. Caldwell. Thereafter, he filed an action in Wyandotte County District Court in behalf of Mr. Caldwell. The action remains pending.
PANEL'S CONCLUSIONS OF LAW
Based upon the above uncontested facts, the panel concluded, as a matter of law, that the respondent violated KRPC 1.3, KRPC 1.4, KRPC 1.15, and Supreme Court Rule 207(b), as detailed below.
KRPC 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. Trzcinski, Mr. Barnes, Ms. Crawford, and Mr. Caldwell. Specifically, he failed to file bankruptcy cases for Ms. Trzcinski and Ms. Crawford. He failed to prepare the Qualified Domestic Relations Order for Mr. Barnes, and failed to prepare appropriate documents to transfer the property in behalf of Mr. Caldwell. Because the respondent failed to act with reasonable diligence and promptness in representing his clients, the hearing panel concluded that he violated KRPC 1.3.
KRPC 1.4
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." (2004 Kan. Ct. R. Annot. 367.) In this case, the respondent violated KRPC 1.4(a) when he failed to comply with reasonable requests for information from Ms. Trzcinski, Mr. Barnes, Ms. Crawford, and Mr. Caldwell, and when he failed to respond to numerous telephone messages and letters. Accordingly, the hearing panel concluded that he violated KRPC 1.4(a).
KRPC 1.15
Attorneys must safeguard client's property. KRPC 1.15(a) prohibits attorneys from commingling their funds with the funds of their clients, as follows:
"A lawyer shall hold property of clients or third per
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