Unequal Misrepresentations

The Kansas Supreme Court has ordered a stayed 90-day suspension with probationary conditions for an attorney’s misrepresentation and improper advice in representing clients who were being evicted from their mobile home.

The respondent engaged in conduct that involved dishonesty when he provided false information to the court in the motion to set aside default judgment in the forcible detainer case that C.K. had timely tendered full payment of the back rent and in the conversion petition that D.L. did not have access to her property. As such, the hearing panel concludes that the respondent violated KRPC 8.4(c).

The respondent engaged in conduct that adversely reflects on his fitness to practice law when he advised D.L. to enter South Meridian mobile home park on May 18, 2011, without authorization. As a result, a public disturbance resulted, necessitating the presence of law enforcement for a period of 4 hours. The hearing panel concludes that the respondent violated KRPC 8.4(g).

Sanction

The court appreciates respondent’s counsel’s point that not all misrepresentations to courts are created equal. Some turn out to be more consequential than others. That said, the exact degree of harm cannot be gauged with 100 percent accuracy when a misrepresentation is made. And each is, in itself, a serious matter that undercuts the overall reliability of our justice system. For this reason, the court believes that a 90-day period of suspension is an appropriate sanction in this case; however, imposition of the suspension will be stayed, pending respondent’s successful completion of an additional 6 months of probation under all of the remaining applicable terms set out by the hearing panel.

A minority of the court would impose a lesser sanction

Video of oral argument linked here (Mike Frisch)