In re Sechtem

49 P.3d 541, 274 Kan. 387, 2002 Kan. LEXIS 465
CourtSupreme Court of Kansas
DecidedJuly 12, 2002
DocketNo. 88,459
StatusPublished

This text of 49 P.3d 541 (In re Sechtem) 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 Sechtem, 49 P.3d 541, 274 Kan. 387, 2002 Kan. LEXIS 465 (kan 2002).

Opinion

Per Curiam:

This is an original uncontested proceeding in discipline filed by the Disciplinary Administrator’s office against the respondent, Weston A. Sechtem, an attorney admitted to the practice of law in Kansas, alleging violations of the Kansas Rules of Professional Conduct (KRPC) 1.1 (2001 Kan. Ct. R. Annot. 312) (competence); 1.3 (2001 Kan. Ct. R. Annot. 323) (diligence); 1.4(a) (2001 Kan. Ct. R. Annot. 334) (communication); 1.16(d) (2001 Kan. Ct. R. Annot. 387) (declining or terminating representation); 8.1(b) (2001 Kan. Ct. R. Annot. 433) (bar admission and disciplinary matters); and 8.4(d) (2001 Kan. Ct. R. Annot. 437) (misconduct). Violations of Supreme Court Rule 207 (2001 Kan. Ct. R. Annot. 246) (duties of the bar and judiciary) and Rule 211(b) (2001 Kan. Ct. R. Annot. 259) (formal hearings) are also alleged. We disbar the respondent from the practice of law in the state of Kansas.

A hearing before the panel of the Kansas Roard for Discipline of Attorneys was held on January 10, 2002. Respondent failed to appear. The panel received exhibits into evidence and heard the testimony of John' M. Parisi and Richard W. Miller.

After hearing the testimony presented and the arguments of the Disciplinary Administrator, and after reviewing the exhibits admitted into evidence, the panel made the following findings of fact:

‘T. ... The Respondent was admitted to the practice of law on October 5, 1988.
“2. The Respondent worked for the Miller Law Firm, first as an associate, then in 1990, as a partner. The Miller Law Firm is located in Kansas City and represents general contractors in Kansas and Missouri.
[388]*388“3. During the course of the Respondent’s tenure with the Miller Law Firm, the Respondent provided representation to Darrel and Dana Freeman. The Free-mans owned Razorback Contractors of Kansas, Inc. (hereinafter ‘Razorback’).
“4. In January, 2000, the Respondent left the Miller Law Firm. At the time he left the firm, each of the Respondent’s clients were contacted and asked whether they wanted to have their cases go with the Respondent or stay with the firm. Because the Respondent had provided most of the representation to the Freemans and Razorback, the Freemans and Razorback decided that they wanted the Respondent to continue with the representation.
“DA8115
“5. In 1999, the Respondent filed a lawsuit in behalf of Razorback against Chimney Hills Apartments and Wilhoit Properties Construction, Inc. in the Johnson County District Court. The case amounted to an attempt to collect on a mechanic’s hen.
“6. On May 16, 2000, defendant Wilhoit Properties served its First Request for Production of Documents and its First Set of Interrogatories. The response to the requests was due by June 17, 2000. Razorback did not respond to the request by the deadline. The Respondent did not request that the deadline to comply with the discovery requests be extended.
“7. On June 29,2000, the Respondent provided Razorback with the discovery requests sent by defendant Wilhoit Properties. The Respondent did not inform his client that the discovery was already overdue. Additionally, the Respondent did not provide Razorback with a time frame within which to provide the discovery.
“8. On July 11, 2000, counsel for defendant Wilhoit Properties wrote to the Respondent warning him that if he did not comply with their requests for discovery that they would be forced to file a Motion to Compel Discovery. The Respondent did not respond to die letter.
“9. .On July 13, 2000, at a discovery conference, the Respondent acknowledged that the discovery was late and agreed to provide the discovery by July 27, 2000. The Respondent failed to provide the discovery by July 27, 2000.
“10. On August 3, 2000, defendant Wilhoit Properties filed a Motion to Compel Plaintiff to Answer Discovery and For Sanctions. The Respondent failed to inform Razorback that the motion had been filed.
“11. On August 28, 2000, the court granted the defendant’s motion and ordered that Razorback comply with the discovery requests within seven days and ordered that Razorback pay sanctions in the amount of $500.00.
“12. On September 8, 2000, the Respondent wrote to Razorback requesting that they provide responses to the discovery requests. In the Respondent’s letter to Razorback, the Respondent did not inform Razorback that the court granted defendant Wilhoit Properties’ motion to compel, that the court assessed sanctions against Razorback in the amount of $500.00, or that the court ordered that the discovery be provided within seven days of August 28, 2000.
[389]*389“13. On September 18 or 19, 2000, the Respondent provided the discovery to defendant Wilhoit Properties.
“14. Because the Respondent failed to comply with the court’s order compelling discovery, on September 18, 2000, defendant Wilhoit Properties filed a Motion to Dismiss with Prejudice. Although, on October 5,2000, the Respondent filed a notice of hearing, opposing the motion, the Respondent never informed Razorback that a motion to dismiss had been filed.
“15. Because the President of Razorback had repeatedly attempted to contact the Respondent without success, on October 31, 2000, Razorback terminated the Respondent. Thereafter, the Miller Law Firm re-entered the case. The Miller Law Firm requested that the Respondent forward Razorback’s files. The Respondent failed to provide Razorback’s files to the Miller Law Firm.
“16. In order to learn the status of the case, the Miller Law Firm obtained a copy of the court’s docket. At that time the Miller Law Firm learned that a motion to dismiss had been filed. The Miller Law Firm notified Razorback that the motion had been filed and that the motion was scheduled to be heard on December 5, 2000. The court did not dismiss the case and noted on the record what he believed to be professional negligence and violations of the Kansas Rules of Professional Conduct.
“DA8264
“17. In 1999, the Respondent also filed a lawsuit in behalf of Darrel and Dana Freeman, personally, against Arch-Design Corp. in the District Court of Johnson County, Kansas. In this lawsuit, the Respondent alleged that Arch-Design constructed tire Freeman’s home in a defective manner. Defendant Arch-Design in turn alleged that Kermit Veach, Weather Shield Manufacturing, and Diyvit Systems were responsible. Kermit Veach, Weather Shield Manufacturing, and Dryvit Systems were added as third party defendants. The damages in this case were alleged to be $250,000.
“18. On November 19,1999, defendant Arch-Design served the Respondent with its First Set of Interrogatories and First Request for Production of Documents. Thereafter, the Respondent twice requested additional time to comply with the discovery requests. On February 15, 2000, counsel for defendant Arch-Design wrote to^the Respondent, requesting a status report on the discovery.
“19.

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Bluebook (online)
49 P.3d 541, 274 Kan. 387, 2002 Kan. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sechtem-kan-2002.