In re Matson

56 P.3d 160, 274 Kan. 785, 2002 Kan. LEXIS 691
CourtSupreme Court of Kansas
DecidedOctober 25, 2002
DocketNo. 88,876
StatusPublished

This text of 56 P.3d 160 (In re Matson) 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 Matson, 56 P.3d 160, 274 Kan. 785, 2002 Kan. LEXIS 691 (kan 2002).

Opinion

Per Curiam:

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against David L. Mat-son, of Topeka, an attorney admitted to the practice of law in the state of Kansas. A hearing was held before a panel of the Kansas Board for Discipline of Attorneys wherein respondent appeared pro se.

The hearing panel concluded respondent had violated KRPC 1.1 (competent representation) (2001 Kan. Ct. R. Annot. 312); KRPC 1.3 (diligence) (2001 Kan. Ct. R. Annot. 323); and KRPC 1.4(a) (client communication) (2001 Kan. Ct. R. Annot. 334). The panel recommended respondent be suspended from the practice of law for 6 months.

The panel made the following findings of fact and conclusions of law:

“FINDINGS OF FACT
“2. The Respondent graduated from law school in May, 1999. The Respondent passed the Kansas Bar Examination in July, 1999. While the Respondent looked for employment as an attorney, he worked in various non-legal positions. In July, 2000, the Respondent entered the private practice of law. The Respondent was a solo practitioner and shared an office with another attorney.
“Representation of Rudolpho Cervantes Rodriguez — DA8113
“3. In September, 2000, Rudolpho Cervantes Rodriguez retained the Respondent to represent him in a criminal case. At the time he retained the Respondent, Mr. Rodriguez paid the Respondent $2,000.00. Mr. Rodriguez was charged with one count of aggravated kidnapping (level 1 person felony), four counts of kidnapping (level 3 person felony), four counts of aggravated assault with a firearm (level 7 person felony), one count of attempted aggravated robbery [786]*786(level 5 person felony), and one count of cruelty to animals (class A misdemeanor). At the time the Respondent entered the case, Mr. Rodriguez had already been bound over for trial following a preliminary hearing. Mr. Rodriguez’ case was pending before the Honorable John Anderson, III, Johnson County District Court Judge.
“4. Before entering his appearance in Mr. Rodriguez’ case, the Respondent had made a few appearances, concerning minor matters, before Judge Anderson. When Judge Anderson learned that Respondent, a lawyer relatively new to the practice, had entered his appearance in Mr. Rodriguez’ case, Judge Anderson became concerned that Respondent was too inexperienced to handle Mr. Rodriguez’ case.
“5. Shortly after the Respondent entered his appearance in Mr. Rodriguez’ case, Judge Anderson met with the Respondent to informally discuss whether the Respondent was experienced enough to handle Mr. Rodriguez’ case.
“6. After this informal discussion, Judge Anderson telephoned the Disciplinary Administrator regarding the Respondent’s representation of Mr. Rodriguez. Following that conversation, Judge Anderson contacted the Respondent and asked him to come see him.
“7. On November 2, 2000, the Respondent came to see Judge Anderson. At that time, Judge Anderson held an in camera meeting with the Respondent regarding his ability to represent Mr. Rodriguez at trial. Judge Anderson’s court reporter recorded the meeting. During the meeting, Judge Anderson asked the Respondent to consider whether he was able to handle the representation. Judge Anderson suggested to the Respondent that he read KRPC 1.1 and In re Docking, 254 Kan. 921, 869 P.2d 237 (1994).
“8. Following the November 2, 2000, meeting, the Respondent asked several attorneys to assist him with the representation of Mr. Rodriguez. The Respondent offered to pay the other attorneys the entire fee that he received if they would assist him at trial. The Respondent was unable to find anyone willing to assist him in the case.
“9. Shortly before trial, Judge Anderson held another meeting in chambers. At that meeting, the Respondent and opposing counsel were present. Judge Anderson again asked die Respondent to consider whether he was experienced enough to represent Mr. Rodriguez.
“10. While the Respondent considered withdrawing from his representation of Mr. Rodriguez, the Respondent decided against it and proceeded to trial. Mr. Rodriguez’ trial began December 10,2000. It was the Respondent’s first jury trial.
“11. At trial, the Respondent did, by his own admission, a poor job representing die interests of Mr. Rodriguez. For example, during voir dire, the jurors were informed that the Court expected that the case would take four days to try. At die end of voir dire, when asked by die Court if there was any other reason why die jurors would not be able to fairly and impartially decide the case, one juror complained that he did not know if he could sit through four days of Respondent’s stumbling performance.
[787]*787“12. Also, during the cross-examination of the alleged victim, Alisha Lucero, the Respondent and the witness got into a “shouting match.” Judge Anderson was forced to intercede. According to Judge Anderson, Ms. Lucero was clearly in control of the examination. Most of the questions the Respondent asked were objectionable. Finally, during the same cross-examination, the following exchange occurred:
‘Q [Ry the Respondent] Okay. Then what happened? What was the — I mean, was she crying at this point or was she kind of holding it together? Or was she totally cool, was she laughing?
‘A [Ry Alisha Lucero] Laughing? There was no joking matter about anything. Nobody was laughing.
‘Q Okay.
'A Nobody was having fun. Guns were being waved. Rudy was talking about how he was going to Mil Anthony. I don’t find that funny whatsoever.
‘Q Okay. I didn’t ask you if you were laughing. I was asMng what was Lisa doing.
‘A Lisa was bawling.
‘Q Rawling?
‘A Crying, shaMng, petrified, just trembling —
‘Q So —
‘A — has guns waving at her. Her friend is about to die. She thinks that she is going to die.
‘Q If my hand is shaking, which my hands do shake, it is hard for me to roll up my marijuana cigarette joints.
‘A Yes, it was. That is why a lot was falling out on the floor. She was trembling so bad she couldn’t even —
“13. Shortly after Ms. Lucero’s testimony (during the second day of the trial), Mr. Rodriguez made a pro se motion for mistrial and informed the court that he wished to fire the Respondent. After careful consideration, Judge Anderson made the following ruling:
‘[T]he representation Mr. Rodriguez has been receiving from [the Respondent] during the course of the trial falls short of the representation required to zealously and professionally represent a defendant charged with crimes of this severity level. It is my belief that Mr. Rodriguez is not receiving a fair trial as a result of this.

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Cite This Page — Counsel Stack

Bluebook (online)
56 P.3d 160, 274 Kan. 785, 2002 Kan. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-matson-kan-2002.