In re Jenkins

833 P.2d 1013, 251 Kan. 264, 1992 Kan. LEXIS 122
CourtSupreme Court of Kansas
DecidedMay 22, 1992
DocketNo. 67,523
StatusPublished
Cited by1 cases

This text of 833 P.2d 1013 (In re Jenkins) 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 Jenkins, 833 P.2d 1013, 251 Kan. 264, 1992 Kan. LEXIS 122 (kan 1992).

Opinion

Per Curiam:

This is an original attorney disciplinary proceeding filed by the Disciplinary Administrator against Robert E. Jenkins, respondent, an attorney duly admitted and licensed to practice law in the state of Kansas. Jenkins graduated from law school and was admitted to the Kansas Bar in 1971. He has been engaged in the active practice of law since that date. In recent years his practice has been concentrated in the areas of criminal law and divorce.

There were two disciplinary complaints involved in this case and the facts relating to this proceeding are not disputed. Complaint B5148 concerns Jenkins’ suspension and subsequent disbarment from practice before the United States Court of Appeals for the Tenth Circuit and the United States District Court for the District of Kansas. Complaint B5056 grew out of Jenkins’ representation of Richard Campbell for injuries and medical treatment Campbell sustained in an automobile accident.

B5148. On March 15, 1990, Jenkins was suspended from practicing before the United States Court of Appeals for the Tenth Circuit for his failure to file a designation of record in the case of United States of America v. Rolando Ferrer-Mazorra, No. 89-3276, and for his failure to respond to the Court’s order to show cause why he should not be disciplined for his failure to file the designation of record.

On June 29, 1990, Jenkins was disbarred from practicing before the United States Court of Appeals for the Tenth Circuit for his failure to file a docketing statement, designation of record, and [265]*265transcript order for the appeal United States of America v. William D. Nelson, Jr., No. 90-3081, and for his failure to respond to the order of the court to show cause why he should not be disciplined for this failure.

On January 21, 1991, Jenkins was disbarred from practicing before the United States District Court for the District of Kansas because he had been disbarred from practicing before the United States Court of Appeals for the Tenth Circuit.

B5056. Jenkins was retained by Richard Campbell to represent him for injuries sustained in an automobile accident that occurred on December 15, 1989, and subsequent medical treatment. During the course of the representation, Jenkins received five checks from insurance companies and failed to forward the checks to the health care providers. Jenkins never negotiated the checks. Campbell received notices from the health care provider facilities that his accounts were delinquent. The health care providers threatened to file suit against Campbell if payments were not received. Campbell attempted to contact Jenkins. He left messages informing Jenkins of the notices he was receiving from the creditors, but Jenkins did not return Campbell’s calls. During the one-year period Jenkins represented Campbell, they spoke only twice.

After the disciplinary complaint was filed, Jenkins wrote Campbell a letter terminating their attorney/client relationship. Jenkins returned Campbell’s file, reimbursed Campbell the $55.00 filing fee paid in the event suit was filed, and forwarded four of the five checks issued by Farmers Insurance Group of Companies for Campbell’s medical expenses. The fifth check, for $898.50, was not returned because Jenkins could not find it. All checks were void at the time they were returned to Campbell.

In reaching its decision in Case No. B5148, the hearing panel observed that Supreme Court Rule 202 (1991 Kan. Ct. R. Annot. 142) provides that a final adjudication in another jurisdiction that a lawyer has been guilty of misconduct shall establish conclusively the misconduct for purposes of disciplinary proceedings in Kansas. In addition, it noted Model Rule of Professional Conduct 1.1 (1991 Kan. Ct. R. Annot. 228) provides as follows: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness [266]*266and preparation reasonably necessary for the representation.” The panel found Jenkins (1) failed to act with reasonable diligence and promptness in representing a client (MRPC 1.3 [1991 Kan. Ct. R. Annot. 232]); (2) failed to make reasonable efforts to expedite litigation consistent with the interests of the client (MRPC 3.2 [1991 Kan. Ct. R. Annot. 275]); (3) engaged in conduct that is prejudicial to the administration of justice (MRPC 8.4[d] [1991 Kan. Ct. R. Annot. 308]); and (4) engaged in conduct that adversely reflects on the lawyer’s fitness to practice law (MRPC 8.4[g]).

In Case No. B5056 the panel found Jenkins: (1) failed to act with reasonable diligence and promptness in representing a client (MRPC 1.3); (2) failed to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information (MRPC 1.4[a] [1991 Kan. Ct. R. Annot. 234]); (3) failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation (MRPC 1.4[b]); and (4) failed to promptly notify the client he had received funds (MRPC 1.15[b] [1991 Kan. Ct. R. Annot. 263]). In addition, the panel found Jenkins failed to deliver to the client or third person any funds or other property that the client or third person was entitled to receive and, upon request by the client or third person, failed to promptly render a full accounting regarding such property (MRPC 1.15[b]).

The panel noted there were various mitigating and aggravating factors. Aggravating factors included four previous disciplinary complaints for which Jenkins received informal admonitions. The earliest prior complaint was in 1984. It involved Jenkins’ signing a client’s name to an answer and verifying the answer as a notary public when the client had not given him authority to sign his name. The second complaint was made in 1987. It involved Jenkins’ failure to file a journal entry of divorce until after the complaint had been filed. The third complaint was on June 30, 1988. The docket sheet in the Office of Disciplinary Administrator does not indicate the nature of that complaint. The fourth complaint involved a debt Jenkins was to collect. Jenkins failed to take any action towards collection of the debt for one year.

As mitigating factors, the hearing panel noted that Jenkins served as a Captain in the United States Army during the Vietnam [267]*267conflict and received decorations for Vietnam service. He is married and has two children. His oldest daughter graduated from the University of Kansas in the spring of 1991. He has a son who attends Kansas City, Kansas, Community College. Respondent is 47 years old. He is a recovered alcoholic, but quickly admits that he has not had a drink since 1983, and his former alcoholism did not have anything to do with the problems in the present matter. His wife is a heart patient at the present time. She has had a brain tumor for about a year and one-half. Respondent readily admits that he has tried to represent too many people, and that he has a difficult time turning clients away.

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Related

In re Jenkins
853 P.2d 648 (Supreme Court of Kansas, 1993)

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Bluebook (online)
833 P.2d 1013, 251 Kan. 264, 1992 Kan. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jenkins-kan-1992.