In re Coleman

815 P.2d 43, 249 Kan. 218, 1991 Kan. LEXIS 142
CourtSupreme Court of Kansas
DecidedJuly 12, 1991
DocketNo. 66,218
StatusPublished

This text of 815 P.2d 43 (In re Coleman) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Coleman, 815 P.2d 43, 249 Kan. 218, 1991 Kan. LEXIS 142 (kan 1991).

Opinion

Per Curiam:

This is an original proceeding in discipline filed by the disciplinary administrator against Paul D. Coleman of Topeka, Kansas, an attorney admitted to the practice of law in Kansas. The facts, as determined by the hearing panel of the Kansas Board for the Discipline of Attorneys (the panel), are not disputed.

The complaints against respondent are numerous and are set out herein.

Count I

Nellie M. Mays died on September 10, 1977, leaving a will naming her grandson, Edwin L. Mays, Jr., as executor and sole heir. Edwin L. Mays, Jr., was and is a resident of the State of California. Mays retained respondent to probate the estate.

On September 14, 1977, respondent filed a petition for probate of will under the Simplified Estates Act, K.S.A. 59-3201 et seq., in the District Court of Shawnee County, Kansas, case No. 77-P-486. The following documents were prepared and filed by respondent on that date:

Proceeding for Probate of Will;
Petition for Probate of Will;
Last Will and Testament;
Affidavit for Non-Military;
Waiver of Notice;
Order for Hearing;
Affidavit of Subscribing Witnesses;
Order Admitting Will to Probate;
Oath of Executor;
Letters Testamentary;
[219]*219Appointment of Resident Agent;
Acceptance by Resident Agent.

During the following 12 months, respondent published notice to creditors, filed an inventory and valuation, and prepared and filed a Kansas inheritance tax return.

On July 31, 1979, the Internal Revenue Service (IRS) filed a claim for $35,091.62 in taxes, a penalty of $2,486.93 plus $175.46 per month beginning August 11, 1979, and interest of $2,310.87 plus $5.77 per day beginning July 13, 1979. Respondent took no action with regard to satisfying the taxes, penalties, and interest due, nor did he inform Mays of this obligation.

Respondent filed annual accountings through September 9, 1980. Thereafter, on five occasions Judge Mary Schowengerdt set the matter for hearing to obtain an accounting. Respondent failed to appear for any of the hearings. Judge Schowengerdt then issued a contempt citation and respondent appeared on October 25, 1985. A subsequent citation was issued and respondent failed to appear at that hearing. However, no action was taken by the court. On September 14, 1987, Judge Schowengerdt ordered the respondent to close the estate within 30 days or request an extension. No response was received.

Judge James P. Buchele was then assigned to the case. On October 26, 1987, Judge Buchele issued an order to appear and show cause. Pursuant to this order respondent did appear on November 9, 1987. An accounting was ordered. The matter of fiduciary contempt was continued.

Respondent then appeared as directed by the court and kept the court informed as to the status of the case until July 1, 1988, when respondent failed to take the action previously ordered by the court and failed to appear.

Respondent again established contact with the court and status reports were again submitted until February 1, 1989, when respondent failed to file an accounting as ordered.

An interim accounting was filed by respondent on February 21, 1989, and a petition and order for partial distribution of $20,000 to the IRS was entered. Respondent never distributed the $20,000 to the IRS.

By letter dated June 13, 1989, Mays discharged respondent as his attorney and retained Carl Quamstrom.

[220]*220On October 9, 1989, Judge Buchele ordered respondent to file his final accounting on or before November 1, 1989; Said accounting was never filed.. By .letter dated December .21, 1989-Judge Buchele ordered respondent to appear to render an accounting and to turn over the assets of the estate. Respondent failed to appear. On January 18, 1990, Judge Buchele issued an order to appear and show cause to respondent, but respondent could not be located for service. Respondent has not been located since that time and has had no' contact with Judge Buchele since February 21, 1989.

The actions of respondent have resulted in Mays having to travel from California to Topeka, Kansas, to appear on a contempt citation, and in substantial penalties and interest being assessed against the estate.

Respondent has failed to provide competent representation to Mays. He has handled a legal matter without preparation adequate in the circumstances and has neglected a legal matter entrusted to him. Respondent has failed to act with reasonable diligence and promptness in representing Mays, has failed to carry out a contract of employment, and has damaged his client during the course of the professional relationship. Respondent has not made reasonable efforts to expedite litigation consistent with the interest of Mays. Finally, respondent has engaged in conduct that is prejudicial to the administration of justice and has engaged in conduct that adversely reflects on his fitness to practice law.

Count II

The decedent owned real property that was the subject of a condemnation action brought by the city. An award was made and the trial court divided the award between the estate as the owner of the property and the lessee of the property. Respondent suggested to Mays that this decision be appealed. Mays agreed and believed that the respondent was taking the necessary actions in this regard. Respondent did not perfect the appeal.

Respondent failed to abide by Mays’ decision to appeal the judgment, failed to act with reasonable diligence and promptness regarding the appeal, and failed to keep Mays reasonably informed about the status of the appeal.

[221]*221Count III

The court file reflects that Mays first corresponded with Judge Buchele by letter dated October 5, 1988, expressing his frustration with the lack of communication by respondent.

The court file also includes a letter dated December 19, 1988, from Mays indicating that respondent failed to supply him with a copy of the decision in the condemnation suit.

The court file reflects a letter dated February 28, 1989, in which Mays informed Judge Buchele that he had had no communication directly from respondent for over one year, despite his various attempts.

The court file reflects a copy of a letter dated April 26, 1989, from Mays to respondent in which Mays complains about the lack of communication as well as respondent’s lack of action on his behalf. Mays requested that respondent contact him within 15 days. No contact was made by respondent.

Mays has had no direct contact with respondent since approximately February 1988.

Respondent failed to keep Mays reasonably informed about the status of the estate and failed to comply with Mays’ requests for information.

Count IV

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Related

§ 59-3201
Kansas § 59-3201

Cite This Page — Counsel Stack

Bluebook (online)
815 P.2d 43, 249 Kan. 218, 1991 Kan. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-coleman-kan-1991.