In re Terry

265 P.3d 537, 293 Kan. 467
CourtSupreme Court of Kansas
DecidedOctober 21, 2011
DocketNo. 105,693
StatusPublished

This text of 265 P.3d 537 (In re Terry) 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 Terry, 265 P.3d 537, 293 Kan. 467 (kan 2011).

Opinion

Per Curiam:

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Paul C. Terry, of Kansas City, Missouri, an attorney admitted to the practice of law in Kansas in 2004.

On October 14, 2010, 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 December 1, 2010. A hearing was held on the complaint before a panel of the Kansas Board for Discipline of Attorneys on December 6, 2010, where the respondent was personally present and was represented by counsel. The hearing panel determined that respondent violated KRPC 1.1 (2010 Kan. Ct. R. Annot. 406) (competence); 1.3 (2010 Kan. Ct. R. An-not. 422) (diligence); 1.4(a) (2010 Kan. Ct. R. Annot. 441) (communication); 1.5(d) (2010 Kan. Ct. R. Annot. 458) (fees); 1.15(a) and (d)(2)(v) (2010 Kan. Ct. R. Annot. 505) (safekeeping property and production of trust account records for examination); 1.16(d) (2010 Kan. Ct. R. Annot. 521) (termination of representation); 8.1(b) (2010 Kan. Ct. R. Annot. 594) (failure to respond to lawful demand for information from disciplinary authority); 8.4(c) (2010 Kan. Ct. R. Annot. 603) (engaging in conduct involving misrepresentation); and Kansas Supreme Court Rule 211(b) (2010 Kan. Ct. R. Annot. 327) (failure to file timely answer in disciplinary proceeding).

[468]*468Upon 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
“Attorney License History
“2. On December 23, 2004, tire Kansas Supreme Court granted the Respondent a license to practice law in Kansas.
“3. Thereafter, on October 11, 2006, tire Court suspended the Respondent’s license for failing to pay the annual registration fee and for fading to pay the late filing continuing education fee. On June 18, 2007, after correcting the deficiencies, the Court reinstated tire Respondent’s license to practice law.
“4. On October 9, 2007, the Court suspended the Respondent’s license for a second time. The Court suspended the Respondent a second time for failing to pay the annual registration fee, for failing to pay the noncompliance continuing legal education fee, and for failing to fulfill the minimum continuing legal education requirements. Sixteen months later, on February 18, 2009, the Court reinstated the Respondent’s license to practice law.
“5. On October 18, 2010, the Court suspended tire Respondent’s license for a third time. The Court suspended the Respondent’s license this year for fading to pay tire annual registration fee, for fading to fulfill the minimum continuing legal education requirements, and for fading to pay the late fifing fee and noncompliance continuing legal education fee. The Respondent’s license remains suspended.
“6. The Respondent has never been licensed to practice law in Missouri.
“Representation of Ms. Collins
“7. On August 26, 2007, the Respondent met Joyce Collins at Sharp’s 63rd Street Grill in Kansas City, Missouri. At that time, Ms. Collins sought to hire an attorney to file and prosecute a wrongful termination case against Commerce Bank. Despite his inability to do so, the Respondent agreed to file the case in behalf of Ms. Collins in the Jackson County, Missouri, Circuit Court in Independence, Missouri. ■
“8. At that time, the Respondent was associated with Neysa L. Day. Also at that time, Ms. Day was a licensed Missouri attorney.
“9. Ms. Collins paid the Respondent $1,000 for the representation. Ms. Collins and the Respondent agreed that the Respondent would bill Ms. Collins at a rate of $100 per hour and that the Respondent would be entitled to one-third of any proceeds recovered. The Respondent agreed to prepare and forward to Ms. Collins a written fee agreement memorializing their agreement. The Respondent never provided Ms. Collins with a written fee agreement.
“10. On August 31, 2007, the Respondent deposited Ms. Collins’ check into his law office operating account. The Respondent used the proceeds from Ms. [469]*469Collins’ check to pay personal expenses, including his home mortgage and car payment before he performed any substantial work on Ms. Collins’ case.
“11. On December 26,2007, a petition was filed in behalf of Ms. Collins. Ms. Day signed the petition as attorney of record for Ms. Collins. However, the Respondent testified that he drafted the petition, Ms. Day edited the petition, and that the Respondent personally filed the petition with the Circuit Court of Jackson County, Missouri. Contrary to Ms. Collins’ request, the Respondent filed the case at the Kansas City, Missouri, court rather than the Independence, Missouri, court At no time did the Respondent file a motion for admission pro hac vice in Ms. Collins’ case. The Respondent never informed Ms. Collins that Ms. Day would be the attorney of record on her case.
“12. On January 4,2008, the Respondent and Ms. Collins again met at Sharp’s 63rd Street Grill. During the meeting, the Respondent informed Ms. Collins that he filed the case on December 26, 2007, and that he needed an additional check for $1,000. Again, the Respondent assured Ms. Collins that he would provide her with a written fee agreement. And, again, the Respondent failed to provide Ms. Collins with a written fee agreement.
“13. Ms. Collins provided the Respondent with another $1,000 check. The Respondent deposited Ms. Collins’ second check into his operating account. At the time he deposited it, the account was overdrawn. The Respondent used the proceeds from Ms. Collins’ check to pay his personal expenses prior to earning the fees.
“14. On April 23, 2008, a motion for the appointment of a special process server was filed in behalf of Ms. Collins. The court granted the motion. Thereafter, the Respondent did nothing to further the representation of Ms. Collins or to prosecute the case.
“15. Following their meeting on January 4, 2008, from time to time Ms. Collins provided information to the Respondent regarding her representation. However, the Respondent faded to keep in touch with Ms. Collins.
“16. Ms. Collins attempted to contact the Respondent by telephone. However, the Respondent did not return the telephone calls. The Respondent, likewise did not contact the Ms. Collins by letter or via electronic mail after February 2, 2008.
“17. On April 17, 2009, the court dismissed Ms. Collins’ cause of action without prejudice. The Respondent did not notify Ms. Collins that her case had been dismissed by the court.
"[18]. Throughout the time tire Respondent represented Ms. Collins, his license to practice law in Kansas was suspended.
“[19]. In October, 2009, Ms. Collins discovered that her case had been dismissed by the court by viewing case information online. Ms. Collins also discovered that Ms. Day was listed as her attorney of record. Prior to observing Ms.

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Bluebook (online)
265 P.3d 537, 293 Kan. 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-terry-kan-2011.