In re Miller

112 P.3d 169, 279 Kan. 912
CourtSupreme Court of Kansas
DecidedJune 3, 2005
DocketNo. 93,665
StatusPublished

This text of 112 P.3d 169 (In re Miller) 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 Miller, 112 P.3d 169, 279 Kan. 912 (kan 2005).

Opinion

Per Curiam:

This is an original, uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Victor W. Miller, an attorney licensed to practice law in the state of Kansas since September 1979. Miller s last registration address with the Clerk of the Appellate Courts of Kansas is in Topeka, Kansas.

The formal complaint filed and as subsequently amendéd by the Disciplinary Administrator alleged that Miller violated Kansas Rules of Professional Conduct (KRPC) 1.1 (2004 Kan. Ct. R. Annot. 342) (competence), KRPC 1.3 (2004 Kan. Ct. R. Annot. 354) (diligence), KRPC 1,4 (2004 Kan. Ct. R. Annot. 367) (communication), KRPC 3.2 (2004 Kan. Ct. R. Annot. 440) (expediting litigation), and KRPC 8.4(d) (2004 Kan. Ct. R. Annot. 485) (misconduct — by engaging in conduct prejudicial to the administration of justice).

Prior to the formal hearing, the Respondent stipulated that he violated KRPC 1.3, KRPC 1.4, and KRPC 3.2. At the conclusion of the formal hearing, Respondent admitted that he violated KRPC 1.1. Additionally, based upon the findings of fact resulting from the formal hearing, the hearing panel concluded that as a matter of law Respondent violated KRPC 8.4(d). The Respondent filed no exceptions to the panel’s final hearing report.

The hearing panel made 28 separately numbered findings of fact, which are reproduced in narrative form as follows:

[913]*913On May 25, 2000, Howard Moses, a friend of the Respondent from college, executed his Last Will and Testament. In the will, Mr. Moses named the Respondent as the Executor. On October 28, 2001, Mr. Moses died. He was survived by his mother, Lorena Moses. On November 13, 2001, the Respondent filed a Petition for Probate of Will on behalf of Mr. Moses’ estate. On December 6, 2001, the district court issued an order admitting the will to probate and appointing the Respondent as Executor. On that same date, an Oath of Executor, signed by the Respondent, was filed with the district court and the court issued Letters Testamentary to the Respondent.

Although Respondent was to file an inventory of the estate by January 6, 2002, he failed to do so. On January 7, 2002, the clerk of the district court issued Respondent a Notice and Order for Inventory. After receiving the Notice and Order for Inventory, the Respondent failed to prepare and file an inventory.

Mr. Moses had a life insurance policy of which his mother, Ms. Moses, was the sole beneficiary. After Mr. Moses’ death and sometime during the winter of 2001-2002, Ms. Moses executed a claim form related to the insurance policy. Respondent agreed to forward the claim form to the insurance company on Ms. Moses’ behalf. Respondent failed to do so. After hearing nothing from Respondent, Ms. Moses received a second notice from the insurance company. Ms. Moses telephoned Respondent. Respondent directed Ms. Moses to complete a second claim form and Respondent again promised to forward the claim form to the insurance company on behalf of Ms. Moses. For the second time, the Respondent failed to forward the claim form as agreed. It is not clear when Ms. Moses finally was paid the life insurance proceeds; however, she had not received the proceeds from the policy by October 25, 2002, a year following Mr. Moses’ death.

Respondent failed to respond to requests for information from Ms. Moses. Additionally, Respondent failed to perform work necessaiy to administer the estate. Because Respondent failed to provide Ms. Moses with answers to basic questions, in October 2002, Ms. Moses retained attorney Craig R. McKinney to assist with her son’s estate.

[914]*914On October 25, 2002, McKinney wrote to the Respondent, detailing Ms. Moses’ questions. Respondent failed to respond to McKinney’s letter. Because Respondent failed to respond to McKinney’s letter, on November 12, 2002, McKinney entered his appearance on behalf of Ms. Moses in the Moses Estate. At the same time, McKinney filed a Petition for Inventoiy and Accounting.

On December 1, 2002, the clerk of the district court issued a notice to the Respondent informing him that the final settlement was due. After the Respondent received the notice from the clerk of the district court, Respondent took no action toward completing the final settlement of the estate.

The court held a hearing on McKinney’s Petition for Inventory and Accounting on December 5, 2002. Respondent failed to appear at the hearing. The court granted the petition and ordered the Respondent to file an Inventory and Accounting forthwith. Despite the court’s order to file the Inventory and Accounting forthwith, Respondent took no action.

On Januaiy 27, 2003, Ms. Moses filed a petition requesting that Respondent pay the attorney fees associated with her petition for Inventory and Accounting. The court held a hearing on the petition for attorney fees on February 24, 2003. Respondent failed to appear at the hearing. The court granted the petition and ordered Respondent to pay $1,031.25 in attorney fees. It was some time later before Respondent paid tire attorney fees.

On April 9, 2003, McKinney filed a complaint with the office of the Disciplinary Administrator regarding Respondent’s handling of Mr. Moses’ estate. Despite the filing of the complaint, Respondent took no steps to complete work necessary to administer the estate.

On June 18, 2003, having heard nothing from the Respondent, the court issued an Order to Appear and Show Cause which, in pertinent part, provided:

“It, having been made to appeal" to this Court, from the official records in this case, that you have failed to comply with the requirements of the law of this State and of the orders of this Court, it is hereby ordered, as follows:
“[The Respondent] is ordered to appear in person before this court on the 16[th] day of July[,] 2003, at 2:00 p.m., and at that time show cause why the court [915]*915should not impose monetary penalties, remove any appointed person from his/ her position of authority or take such other remedial action as may be warranted for the aforementioned noncompliance with the law.
“FAILURE TO APPEAR IN RESPONSE TO THIS ORDER MAY RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST.”

On July 3, 2003, Ms. Moses filed a second petition for attorney fees. The court scheduled a hearing on Ms. Moses’ second petition for August 18, 2003.

On July 16, 2003, Respondent appeared in court in response to the Order to Appear. At the hearing, the court ordered the Respondent to file the appropriate pleadings on or before July 25, 2003. Again, despite the court’s order, the Respondent failed to file the appropriate pleadings.

During the summer of 2003, Gregory Lee, counsel for the Respondent in the instant disciplinary action, contacted Ruth E. Graham and asked her to assist the Respondent in handling the estate. While the scope of what was expected of Graham was not made clear to her, she testified that she did understand that the Respondent needed assistance in preparing and filing the Inventory and Accounting for the estate.

On August 18, 2003, the Respondent failed to appear at the hearing on Ms. Moses’ second petition for attorney fees. However, Graham appeared on behalf of the Respondent. Following the hearing, the court granted Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
112 P.3d 169, 279 Kan. 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-miller-kan-2005.