Detailed Probation Conditions

An attorney who had failed to diligently pursue an estate and trust matter was placed on probation for three years by the Kansas Supreme Court. The attorney had also initially failed to cooperate in the disciplinary matter, but eventually submitted a detailed plan of probation that the court adopted:

       “1.  Limitation of Practice. The Respondent shall limit his practiceto a part-timepractice and shall consist of cases assigned to him by Jared Holste. 

       “2.  Practice Supervision. The Respondent’s practice will besupervised by JaredHolste. The Respondent and Mr. Holste shall prepare a monthly report to the DisciplinaryAdministrator’s office regarding the Respondent’s status on probation. The monthly report shallinclude a current case list which shall identify each case by name, set forth all deadlinesscheduled by the court, a statement regarding whether each deadline for the month was met, andan explanation if a continuance was requested. In the event a deadline is missed, the Respondentand Mr. Holste shall immediately report the missed deadline to the Disciplinary Administrator’soffice.

       “3.  Office Procedures. The Respondent and Mr. Holste shalldevelop written officeprocedures and provide a copy of the written office procedures to the Disciplinary Administratorwithin 30 days of the date of this report. The written office procedures shall address internaloffice procedures as well as how Mr. Holste intends to monitor the Respondent’s compliance withthe terms and conditions of probation, specifically including the limitation of the Respondent’spractice.

       “4.  Communication. The Respondent shall make every effort toreturn telephonecalls within two business days of receipt.

       “5.  Professional Liability Insurance. The Respondent shallcontinue to maintainprofessional liability insurance.

       “6.  Continued Cooperation. The Respondent shall continue tocooperate with theDisciplinary Administrator’s office. If the Disciplinary Administrator’s office requests anyadditional information, the Respondent shall timely provide such information.

       “7.  Additional Violations. The Respondent shall not violate theterms of hisprobation or the provisions of the Kansas Rules of Professional Conduct. In the event that theRespondent violates any of the terms of probation or any of the provisions of the Kansas Rules ofProfessional Conduct at any time during the probationary period, the Respondent shallimmediately report such violation to the Disciplinary Administrator. The DisciplinaryAdministrator shall take immediate action directing the Respondent to show cause why theprobation should not be revoked.

As a former bar prosecutor, I always look at probation conditions from a viewpoint of enforceability. How do you charge a violation of provision #4? (Mike Frisch)