In re Griswold

56 P.3d 269, 274 Kan. 776, 2002 Kan. LEXIS 689
CourtSupreme Court of Kansas
DecidedOctober 25, 2002
DocketNo. 88,874
StatusPublished

This text of 56 P.3d 269 (In re Griswold) 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 Griswold, 56 P.3d 269, 274 Kan. 776, 2002 Kan. LEXIS 689 (kan 2002).

Opinion

Per Curiam:

This is an original uncontested proceeding in discipline filed by the Disciplinary Administrator s office against the respondent, Steven S. Griswold, an attorney admitted to the practice of law in Kansas, whose last known registration address was in Leawood, Kansas, alleging violations of the Kansas Rules of Professional Conduct (KRPC) 1.3 (2001 Kan. Ct. R. Annot. 323) (diligence); 1.4(a) (2001 Kan. Ct. R. Annot. 334) (communication); 3.2 (2001 Kan. Ct. R. Annot. 398) (expediting litigation); 5.5(a) (2001 Kan. Ct. R. Annot. 424) (unauthorized practice of law); 8.1(b) (2001 Kan. Ct. R. Annot. 433) (bar admission and disciplinary matters); and 8.4(a) and (d) (2001 Kan. Ct. R. Annot. 437) (misconduct). We disbar the respondent from the practice of law in the State of Kansas.

A hearing before the panel of the Kansas Board for Discipline of Attorneys was held on March 26, 2002. Respondent failed to appear. The panel received exhibits into evidence and heard the testimony of Joyce Bums.

After hearing the testimony presented and the arguments of the Disciplinaiy Administrator, and after reviewing the exhibits admitted into evidence, the panel made the following findings of fact:

“1. . . . On October 13, 1989, the Missouri Supreme Court admitted the Respondent to the practice of law in the state of Missouri. Then, on May 1, 1996, the Kansas Supreme Court admitted the Respondent to the practice of law in the state of Kansas. The Respondent’s date of birth is November 3, 1963.
“2. In 1998, tire Respondent failed to pay the annual attorney registration fee, failed to comply with the continuing legal education requirements, and failed to pay the annual Kansas Continuing Legal Education Commission fee. Thereafter, on November 4, 1998, the Kansas Supreme Court suspended die Respondent [777]*777from the practice of law in the state of Kansas. The Respondent’s license to practice law in the state of Kansas remains suspended.
“3. From 1995 through 2000, the Respondent repeatedly failed to timely comply with the annual licensing requirements and continuing legal education requirements for the state of Missouri. As a result, the Respondent’s license was not in good standing in Missouri.
“4. In 1997, Wes DeMarco retained the Respondent to handle a claim for back pay against a former employer. The Respondent failed to diligently prosecute the claim. Additionally, the Respondent failed to return Mr. DeMarco’s telephone calls and to keep Mr. DeMarco advised of the status of the claim.
“5. In 1999, the Reagan Car Finance, Inc., engaged the Respondent to file and prosecute garnishments. The Respondent failed to prosecute the garnishments with diligence. The Respondent failed to advise his client of the status of the matters and the Respondent failed to return telephone calls.
“6. The Respondent’s misconduct, stemming from his representation of Mr. DeMarco and Reagan Car Finance, Inc., was reported to the Missouri disciplinary authorities. During the disciplinary investigation, the Respondent failed to provide information as requested.
“7. On October 24, 2000, the Missouri disciplinary authority forwarded an Information to the Respondent’s last registration address. The Respondent failed to claim the certified letter containing the Information. As a result, the Missouri disciplinary authorities published notice to the Respondent. The Respondent failed to answer the Information and the Respondent failed to request a hearing on the matter.
“8. On March 28, 2001, the Missouri Supreme Court disbarred the Respondent.
“9. On February 14, 2002, the Disciplinary Administrator filed the Formal Complaint in this matter. Also on February 14, 2002, the Disciplinary Administrator forwarded two copies of the Formal Complaint to the Respondent. One copy was sent via certified mail and one copy was sent via regular mail. The copy sent via certified mail was returned marked unclaimed. The copy sent via regular mail was not returned.
“10. On March 4, 2002, the Disciplinary Administrator filed an Amended Notice of Hearing in this matter. The Amended Notice of Hearing stated that the Respondent was entitled to be represented by counsel, to cross-examine witnesses, and to present evidence. The Amended Notice of Hearing also stated the date and place of the hearing. Also on March 4, 2002, the Disciplinary Administrator forwarded two copies of the Amended Notice of Hearing to the Respondent. One copy was sent via certified mail and one copy was sent via regular mail. The copy sent via certified mail had not been claimed at the time of the hearing. The copy sent via regular mail was not returned.
“11. The Respondent failed to answer the Formal Complaint filed in this matter. Additionally, the Respondent failed to appear at the hearing.”

[778]*778The panel noted that the Notice of Hearing, sent prior to the Amended Notice of Hearing, had included the incorrect hearing date and Hearing Panel.

The panel made the following conclusions of law:

“1. Kan. Sup. Ct. R. 211(d) and Kan. Sup. Ct. R, 215 governs service of process in disciplinaiy proceedings. Kan. Sup. Ct. R. 211(d) provides:
‘The Disciplinary Administrator shall serve a notice of hearing upon the respondent, respondent’s counsel, and the complaining parties. The notice shall state that the respondent is entitled to be represented by counsel, to cross-examine witnesses, and to present evidence. The notice shall also state the date and place of the hearing and shall be served at least fifteen days in advance of the hearing date. . . .’
Kan. Sup. Ct. R. 215, provides, in pertinent part, as follows:
‘(a) Service upon the respondent of the formal complaint in any disciplinary proceeding shall be made by the Disciplinary Administrator, either by personal service or by certified mail to the address shown on die attorney’s most recent registration, or at his or her last known office address.
‘(c) Service by mailing under subsection (a) or (b) shall be deemed complete upon mailing whether or not the same is actually received.’
In this case, the Disciplinary Administrator complied with Kan. Sup. Ct. R. 211(d) by sending a copy of the Amended Notice of Hearing to the Respondent’s last registration address more than fifteen days in advance of the hearing. The Disciplinary Administrator complied with Kan. Sup. Ct. R. 215(a) by sending a copy of the Formal Complaint via certified United States mail, postage prepaid, to the Respondent’s most recent registration address. Therefore, the Hearing Panel concludes that the Respondent was afforded the notice that the Kansas Supreme Court Rules require.
“2. Kan. Sup. Ct. R. 202 provides that ‘[a] final adjudication in another jurisdiction that a lawyer has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this state.’ Based upon the evidence presented at the hearing, including Disciplinary Administrator’s Exhibits A and B, and pursuant to Kan. Sup. Ct. R.

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Bluebook (online)
56 P.3d 269, 274 Kan. 776, 2002 Kan. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-griswold-kan-2002.