In re Dow

933 P.2d 666, 261 Kan. 989, 1997 Kan. LEXIS 41
CourtSupreme Court of Kansas
DecidedMarch 7, 1997
DocketNo. 77,688
StatusPublished
Cited by1 cases

This text of 933 P.2d 666 (In re Dow) 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 Dow, 933 P.2d 666, 261 Kan. 989, 1997 Kan. LEXIS 41 (kan 1997).

Opinion

Per Curiam,-.

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Patrick S. Dow, respondent, a Eureka attorney, admitted to the practice of law in Kansas.

Three complaints filed against the respondent alleged that the respondent violated MRPC 1.1 (1996 Kan. Ct. R. Annot. 257) (competence); MRPC 1.2 (1996 Kan. Ct. R. Annot. 261) (scope of representation); MRPC 1.3 (1996 Kan. Ct. R. Annot. 264) (diligence); MRPC 1.4 (1996 Kan. Ct. R. Annot. 270) (communication); MRPC 1.7 (1996 Kan. Ct. R. Annot. 283) (conflict of interest); MRPC 1.16 (1996 Kan. Ct. R. Annot. 310) (declining or terminating representation); and MRPC 8.4 (1996 Kan. Ct. R. An-not. 350) (misconduct); and Supreme Court Rule 207 (1996 Kan. Ct. R. Annot. 205).

The three complaints were consolidated for purposes of this proceeding and heard before a panel of the Kansas Board for Discipline of Attorneys. The Disciplinary Administrator appeared by and through Frank D. Diehl, Deputy Disciplinary Administrator. The respondent, having been personally served, failed to appear. Based upon clear and convincing evidence, a unanimous panel made the following findings of facts and conclusions of law:

COUNT I

McGLOTHLIN COMPLAINT — CASE NO. B5857

“2. The Complainants, Steve and Karla McGlofhlin, have a son, Jude Nathaniel [990]*990(Nate) McGlothlin, with severe autism. During Nate’s preschool years, the McGlothlins worked with expert consultants to develop an intensive in-home developmental program for Nate. In the 1992 to 1993 time period, Nate was seven years old and the McGlothlins had concerns about getting the Lawrence public school system to provide, what Complainants believed to be an appropriate [individualized education program] (IEP) for their son. They wrote letters to the Director of Special Education for the Lawrence school system which included numerous suggestions to ensure appropriate planning for Nate’s educational needs after his first year in kindergarten. The Complainants sought an attorney to represent them who had experience in such matters because they felt the Lawrence school system had been unresponsive to Nate’s special needs in kindergarten.
“3. A group called ‘Families Together,’ referred the McGlothlins to the Respondent whose office is located in Eureka, Kansas. The respondent has a child with autism and both Respondent and his wife, a non-lawyer, are active in matters involving children with autism.
“4. The initial meeting between the Respondent and the Complainants occurred in April 1993. Complainants drove to Eureka and met with Respondent in his home and had an opportunity to observe Respondent’s son and be introduced to his wife. The McGlothlins explained to Respondent that they had been successful in the home training of their son, but that they sought Respondent’s representation at an [IEP] meeting with a member or members of the Lawrence public education system.
“5. In May of 1993, at Respondent’s request, the McGlothlins provided him with a list of documents concerning their son’s condition and copies of letters previously sent to the Lawrence Public School Administration. Respondent promised to review this material and begin within a few days to assist the McGlothlins with obtaining an appropriate educational program for Nate.
“6. The McGlothlins did not hear from Respondent for some period of time and began calling his office and home telephone numbers. They were unable to reach him. They were told that Respondent was not in or they left messages on Respondent’s answering machine, but the messages were unanswered. The complainants finally reached Respondent in early June 1993, at his office. Respondent at that time told the McGlothlins that his wife had received special training in working with children with autism using a model promoted by ‘TEACCH.’ The TEACCH model meets the child at his or her functional level and adapts the environment to the child.
“7. At a meeting in Lawrence with the Complainants on June 23, 1993, Respondent observed the McGlothlins’ son, Nate, and asked for a $2,000.00 retainer which was paid. The McGlothlins requested that Respondent discuss certain needs of their child, but were informed by Respondent that this was unnecessary because his wife would soon be in touch to prepare an appropriate [IEP] for Nate. The McGlothlins agreed to pay Respondent $40.00 per hour and requested a written fee agreement. Respondent told them a written agreement was not nec[991]*991essaiy and did not put the fee agreement in writing. Shortly thereafter, the McGlothlins then telephoned Respondent to set up a meeting to write the IEP with Mrs. Dow. Between June and August, 1993, Mrs. Dow canceled two appointments the Complainants made with her. Finally in August, the meeting between Mrs. McGlothlin and Mrs. Dow took place at a restaurant in Lawrence and lasted only about ten (10) minutes. It consisted of Mrs. Dow giving Mrs. Mc-Glothlin a questionnaire to fill out. Mrs. Dow promised to conduct á follow-up meeting to discuss the preparation of the IEP, but no such meeting occurred.
“8. After not hearing from Respondent for approximately five (5) weeks, the McGlothlins reached Respondent who said that he would write to the school district to schedule an IEP meeting. Respondent sent two (2) letters to Dr. Donald Herbel, Director of Special Education, of the Lawrence school district. The first letter asked for a meeting to discuss the educational program of Nate McGlothlin and the second letter requested a formal IEP meeting to be scheduled.
“9. A preliminary meeting with the school district was scheduled for August 30, 1993. The Complainants received no information from the Respondent about the meeting and were upset because of this lack of communication. The Respondent assured the Complainants in a telephone call that he would be ready for the August 30, 1993, meeting with the school administrator.
“10. The meeting on August 30, 1993, was scheduled to begin at 10:00 o’clock a.m. Respondent arrived only a few minutes before the meeting was to begin and presented the McGlothlins with an agenda of the meeting which the Complainants had not previously seen or discussed with him. The agenda specifically recommended the TEACCH model for Nate despite the fact the Complainants had advised Respondent they opposed the TEACCH model for their son. The complainants, however, felt that Respondent would address ■ their concerns in the information they had previously provided to him. Due to the fact the parties were present for the meeting, the Complainants decided to proceed with it.
“11. During the meeting with the school administrator, the Respondent presented a teaching model designed by ‘TEACCH’ which involves the placing of children with autism primarily in self-contained classrooms. The Complainants, from the beginning, made Respondent aware of their objection to placing children with autism in a classroom together without interaction of other students. Then-wishes were outlined as well in their letters to the school administration previously supplied to the Respondent. The Complainants were forced to inform school board representatives during the meeting that they disagreed with their attorney’s presentation. After the meeting, the Complainants learned that Respondent had used the model developed by TEACCH with his own child in Eureka.

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Related

In re Dow
935 P.2d 1041 (Supreme Court of Kansas, 1997)

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Bluebook (online)
933 P.2d 666, 261 Kan. 989, 1997 Kan. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dow-kan-1997.