In re Meyer

327 P.3d 407, 299 Kan. 679, 2014 WL 2440741, 2014 Kan. LEXIS 256
CourtSupreme Court of Kansas
DecidedMay 30, 2014
DocketNo. 111,125
StatusPublished
Cited by1 cases

This text of 327 P.3d 407 (In re Meyer) 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 Meyer, 327 P.3d 407, 299 Kan. 679, 2014 WL 2440741, 2014 Kan. LEXIS 256 (kan 2014).

Opinion

Per Curiam:

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Trey T. Meyer, of Lawrence, an attorney admitted to the practice of law in Kansas since 1999.

On September 12, 2013, the office of the Disciplinary Administrator filed a formal complaint against the respondent alleging violations of the Kansas Rules of Professional Conduct (KRPC). The respondent filed an answer on October 3,2013. A hearing was held on the complaint before a panel of the Kansas Board for Discipline of Attorneys on November 5, 2013.

The hearing panel determined that respondent violated KRPC 1.2 (2013 Kan. Ct. R. Annot. 459) (scope of representation); 1.3 (2013 Kan. Ct. R. Annot. 464) (diligence); 1.4(a) (2013 Kan. Ct. R. Annot. 484) (communication); 8.4(c) (2013 Kan. Ct. R. Annot. 655) (engaging in conduct involving misrepresentation); and 8.4(d) (engaging in conduct prejudicial to the administration of justice).

Upon conclusion of the hearing, the panel made the following findings of fact and conclusions of law, together with its recommendation to this court:

“Findings of Fact
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“DA11422
“7. V.H., a Michigan resident, was served with a petition seeking a declaratory judgment regarding real property located in Shawnee County, Kansas. In Decern-[680]*680ber, 2010, V.H. retained tlie respondent to represent her interests in the case. V.H. paid the respondent $2,000 for the representation.
“8. In January, 2011, the respondent entered his appearance and filed an answer on behalf of V.H. Thereafter, the respondent failed to respond to discovery requests. The respondent failed to meet the deadline to exchange witness and exhibit lists. Additionally, the respondent failed to adequately communicate with V.H.
“9. During the summer of 2011, the respondent moved his office. The respondent failed to inform V.H. that he had moved his office. V.H. traveled from Michigan to Kansas to meet with the respondent. When V.H. arrived, she discovered that the respondent had moved his office. V.H. was unable to meet with the respondent.
“10. V.H. filed a complaint against the respondent. Later, the respondent entered into the attorney diversion program, pursuant to Kan. Sup. Ct. R. 203(d). In the diversion agreement, the respondent stipulated that he:
. . violated KRPC 1.3 by failing to respond to the discovery requests, to the requests for admissions and [sic] providing a timely witness and exhibit list; and the partes agree Respondent violated KRPC 1.4 for failing to promptly communicate with Complainant.’
The respondent failed to comply with the diversion agreement and the respondent’s participation in the attorney diversion program was terminated. In the diversion agreement, the respondent agreed:
‘that if he failfed] to comply with any of the terms and conditions of diversion, the factual stipulation made at paragraph 8 and the rule violations admitted above will be introduced into evidence at a Formal Hearing held in this matter.’
“DA11672
“11. On August 8,2012, T.G., a resident of Jefferson County, Kansas, retained the respondent to file an action in divorce on her behalf. T.G. paid the respondent $1,500 for the representation. The respondent characterized the fee as a flat fee for the representation.
“12. T.G. wished to have the matter filed in Douglas County, Kansas, rather dian Jefferson County, Kansas, because T.G.’s estranged husband’s family had a personal relationship with a judge in Jefferson County and because her community is small and she wished to keep her personal matter private. The respondent told [] T.G. that they could file the divorce action in Douglas County if parties could reach an agreement.
“13. The respondent prepared a petition for divorce to be filed in Douglas County District Court. T.G. signed the petition on August 13, 2012, and returned the verified petition to the respondent on August 14,2012. Additionally, on August 14, 2012, T.G. provided the respondent with the filing fee.
“14. On August 14,2012, the respondent sent T.G. an electronic mail message and stated that the petition would be filed that week.
[681]*681‘T5. The respondent failed to take any action to attempt to reach an agreement with T.G.’s estranged husband so that the action could be filed in Douglas County.
“16. On August 20,2012, T.G. sent the respondent an electronic mail message and asked for a status update. The respondent replied that he will check with the clerk’s office and ‘see where we stand.’
“17. On August 21,2012, T.G. sent the respondent an electronic mail message and asked the respondent to seek an order directing that T.G.’s estranged husband [] move out and pay child support. T.G. suffered verbal and physical abuse by her estranged husband. T.G.’s children observed the verbal abuse.
“18. The respondent understood that there was significant tension in the home and T.G. needed to obtain temporaiy orders directing T.G.’s estranged husband to move from the home. On August 23, 2012, the respondent promised T.G. that the petition would be filed immediately. The respondent failed to file the petition.
“19. On August 29,2012, T.G. sent the respondent an electronic mail message and again asked the respondent if the petition had been filed. T.G. expressed her hopes that the petition be filed before the weekend. T.G. asked the respondent to notify her when the petition was filed so that she could anticipate when her estranged husband would learn of the matter.
“20. On August 31, 2012, the respondent informed T.G., via electronic mail message, that her ‘case materials’ had been forwarded to the court and that he would let her know when he received file-stamped copies.
“21. During the morning of September 4, 2012, a Jefferson County Sheriffs Deputy served T.G. with a divorce petition which had been filed by her estranged husband in Jefferson County, Kansas. T.G. called the respondent and informed him that she had been served with a divorce petition filed by her estranged husband. The respondent told T.G. that he filed a divorce petition on her behalf in Douglas County, Kansas. T.G. called the Douglas County District Court Clerk’s office and was told that a divorce petition had not been filed on her behalf.
“22. The respondent filed a petition on behalf of T.G. A certified copy of the petition indicates that the petition was filed on September 4, 2012, at 2:31 p.m.
“23. Whether the petition was filed by mail or by hand-delivery was disputed at the hearing on the formal complaint. According to Cindy Winger, an employee of the Douglas County Clerk’s Office, the petition for divorce was presented to tire Clerk of the Douglas County District Court by hand-delivery. Ms.

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Attorney General Opinion No.
Kansas Attorney General Reports, 2002

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Bluebook (online)
327 P.3d 407, 299 Kan. 679, 2014 WL 2440741, 2014 Kan. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-meyer-kan-2014.