What Is A Vulnerable Client?

The Kansas Supreme Court has suspended an attorney for six months for misconduct in handling a guardianship matter.

The court agreed with the attorney on several points raised on appeal, finding he had not failed to return an unearned fee and had not taken advantage of a “vulnerable” client

…it would appear that inexperience with legal matters alone is not sufficient for a vulnerability finding because nearly every client fits within this category—much like every client relies on counsel to ensure that his or her claim will not be barred by the statute of limitations. Accordingly, we conclude that the evidence presented at the hearing does not support a finding that D.H. was a vulnerable client. A minority of the court, however, would find the panel’s vulnerability determination was supported by the evidence in the record.

The court rejected the attorney’s request for censure rather than suspension. A minority of the court would impose a shorter period of suspension

The respondent also argues that he has corrected the problems in his practice and his circumstances have changed, which ensure that he will not commit similar transgressions in the future. Regardless of what the respondent’s current situation might be, based on the fact that the respondent neglected to even take minuscule measures to protect D.H.’s rights ( e.g., calling her on the phone and recommending that she retain a new attorney) and instead chose to ignore her case while addressing his own financial and personal issues, we conclude that a 6-month suspension is an appropriate sanction for the respondent’s misconduct. A minority of the court, however, would impose a shorter term of suspension.

(Mike Frisch)