Round Numbers

The Kansas Supreme Court imposed reciprocal discipline of a stayed two year suspension and probation for trust account issues

the OCDC audit revealed that at times the respondent’s trust account balance fell short when compared with known outstanding undisbursed amounts belonging to clients and third parties. On May 9, 2018, the respondent’s trust account was over $4,000.00 short. On March 26, 2019, the account was over $6,700.00 short. On September 10, 2019, the account was over $29,000.00 short. On February 26, 2020, the account was over $60,000.00 short…

The respondent routinely failed to keep funds belonging to his clients and third-party lienholders separate from his own property in his trust account. The evidence shows that the respondent regularly failed to properly account for attorney fees, client funds, third party funds, and expenses held in his trust account. The respondent paid funds to his firm from the trust account without properly accounting that the amount withdrawn was the correct amount of earned attorney fees. This is evidenced, in part, from the fact that the respondent would routinely withdraw whole round numbered amounts as his attorney fees, even though settlement calculations did not include whole round numbered amounts; the respondent’s delay in paying clients and third parties amounts belonging to them; and the fact that the respondent’s trust account balance dropped below the amount of outstanding disbursements owed to others.

Mitigation

The respondent is an active and productive member of his community in Kansas City, Missouri. The respondent also enjoys the respect of his peers and generally possesses a good character and reputation as evidenced by several letters received by the hearing panel. Further, the hearing panel heard testimony from Stan Archie, clinical director of several nonprofits that assist with housing, personal development, and transition to independence in the Kansas City Metro area. Mr. Archie testified that the respondent is a trusted and valued member of the community who volunteers his time and skills to the underserved community and serves as a mentor to young men in the Kansas City Metro area. The hearing panel concludes the respondent’s reputation and good character is a mitigating factor.

Sanction

After considering the evidence presented, all recommendations, and aggravating and mitigating circumstances, we conclude appropriate discipline is that the respondent be suspended for a period of two years. The suspension is stayed conditioned on respondent’s successful performance and completion of two years’ probation, subject to the terms and conditions of the amended probation plan.

(Mike Frisch)