In re Ortega

978 P.2d 914, 267 Kan. 228, 1999 Kan. LEXIS 235
CourtSupreme Court of Kansas
DecidedApril 16, 1999
DocketNo. 82,313
StatusPublished

This text of 978 P.2d 914 (In re Ortega) 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 Ortega, 978 P.2d 914, 267 Kan. 228, 1999 Kan. LEXIS 235 (kan 1999).

Opinion

Per Curiam.

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Antonio L. Ortega, of Wichita, an attorney admitted to the practice of law in Kansas.

Complaints filed against the respondent alleged that the respondent violated KRPC 1.1 (1998 Kan. Ct. Annot. 279) (competence); KRPC 1.3 (1998 Kan. Ct. R. Annot. 288) (diligence); KRPC 1.4 (1998 Kan. Ct. R. Annot. 296) (communication); KRPC 1.15 (1998 Kan. Ct. R. Annot. 333) (safekeeping property); KRPC 1.16 (1998 Kan. Ct. R. Annot. 341) (declining or terminating representation); KRPC 8.1 (1998 Kan. Ct. R. Annot. 382) (bar admission and disciplinary matters); and KRPC 8.4 (1998 Kan. Ct. R. Annot. 386) (misconduct); Supreme Court Rule 207 (1998 Kan. Ct. R. Annot. 222) (duties of the bar and judiciary); and Supreme Court Rule 208(c) (1998 Kan. Ct. R. Annot. 228) (registration of attorneys).

A hearing was held before a panel of the Kansas Board for Discipline of Attorneys. The respondent failed to appear either in person or through counsel and the Disciplinary Administrator appeared by and through Marty M. Snyder, Deputy Disciplinary Administrator.

Based upon clear and convincing evidence, a unanimous panel made the following findings of facts and conclusions of law;

FINDINGS OF FACT
“1. . . . Respondent failed to respond to letters from the Disciplinary Administrator’s Office on the five complaints that were brought before the panel and [229]*229also failed to respond to letters and telephone calls from the Wichita Ethics and Grievance Committee.
“2. Respondent has failed to respond to the formal complaint mailed out to him on August 11 by the Office of the Disciplinary Administrator.
“3. In addition to letters sent to Respondent by first class mail, the Office of the Disciplinary Administrator attempted to notify Respondent by certified mail sent to his last registered office with the Clerk of the Appellate Courts of Kansas and also to his last known home address in Goddard, Kansas.
“4. In addition, the Office of the Disciplinary Administrator has attempted to get in touch with Respondent through [his niece] who is a lawyer in Kansas. A copy of the formal complaint, witness list, exhibit list, and notice of hearing were sent to [his niece] who indicated that she would attempt to circulate the documents among family members in an attempt to reach Respondent.
“5. Through the date of the hearing, Respondent had failed to respond to any of these notices.
“6. In two cases pending before the Honorable James R. Fleetwood, Judge of the Eighteenth Judicial District, Division 12, Respondent failed to appear in hearings in both cases in which Respondent was counsel of record.
“7. The investigator assigned by the Wichita Bar Association Ethics and Grievance Committee to investigate Respondent’s conduct was unsuccessful in getting in touch with Respondent despite attempts over a 3% month investigation.
“8. The investigator concluded that Respondent abandoned his practice without making any arrangements to protect his clients and that Respondent did not notify or attempt to notify his clients of his abandonment of his law practice.
“9. In two trial settings before the Honorable Clark V. Owens II, Judge of the Eighteenth Judicial District, Division 20, Respondent failed to appear. The matter was investigated by a representative of the Wichita Bar Association Ethics and Grievance Committee, who was unable to get in touch with Respondent despite repeated telephone calls and letters.
‘TO. The investigator concluded that Respondent had abandoned his law practice without prior notification to any of his clients and without making arrangements to protect his clients.
“11. On a hearing on a probation violation set before the Honorable Mark A. Vining, Judge of the Eighteenth Judicial District, Division 19, Respondent failed to appear for a hearing for which he was counsel of record for the defendant.
“12. After investigation, a representative of the Wichita Bar Association Ethics and Grievance Committee concluded that Respondent had abandoned his law practice without making arrangements to protect his clients and that Respondent had left the State of Kansas.
“13. Jonalou Pinnell testified that she had been appointed by the Wichita Bar Association’s service to the Bar Committee and by court order to take charge of the law office abandoned by Respondent.
“14. Ms. Pinnell spent three months collecting, reviewing and distributing 63 clients files and supervised the return of 41 open files to clients so they could obtain substitute counsel.
[230]*230“15. Based upon the condition of Respondent’s law office and a note which Respondent left to his secretary stating that he was leaving Wichita and would not return and that his secretary was instructed to close the office, Ms. Pinnell concluded that Respondent abandoned his practice without taking any steps to notify his clients.
“16. Based upon complaint filed by Ms. Pinnell, a member of the Wichita Bar Association Ethics and Grievance Committee was appointed to investigate. The investigator was unable to make contact with Respondent during a 1 1/2 month investigation.
“17. In his report to the Wichita Bar Association Ethics and Grievance Committee, the investigator concluded that Respondent abandoned his law practice without making arrangements to protect his clients and without any advance warning that he was leaving the state and discontinuing the practice of law.
“18. [Client] paid Respondent a retainer of $3,000 to prepare a request for pardon or clemency to the Governor of Illinois on behalf of [client’s] incarcerated daughter.
“19. [Client] contacted Respondent on numerous occasions requesting action, but Respondent did little or nothing on the matter.
“20.. The investigator appointed by tire Wichita Bar Association Ethics and Grievance committee could not locate Respondent but did locate Respondent’s former secretary and obtained an affidavit confirming the payment of the $3,000 retainer by [client]. Respondent’s file on the case was disorganized and made it difficult to determine if anything had been accomplished by Respondent.
“21. The investigator concluded that Respondent had abandoned his representation of [client] prior to completing the work for which he had been paid the retainer. Respondent failed to respond to several requests by his client urging him to work on the file. Respondent left town without getting in touch with his client.
“22. Respondent has failed to notify the Clerk of the Appellate Courts of his change of address within 30 days as required, and Respondent has failed to pay his annual attorney registration fees for 1998.
“23.

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Bluebook (online)
978 P.2d 914, 267 Kan. 228, 1999 Kan. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ortega-kan-1999.