In re Brown, 272 Kan. 767

Summary

The Supreme Court of Kansas publicly censured attorney Kelly C. Brown for failing to act diligently, communicate adequately with a client in a child-support matter, and cooperate with a disciplinary investigation. The court adopted the hearing panel’s findings and recommendation, ordered published censure, and assessed the proceeding’s costs to Brown.

Holdings

1. Clear and convincing evidence established that Brown violated KRPC 1.3 by failing either to file a motion to appoint a case manager or to withdraw from the representation.
2. Clear and convincing evidence established that Brown violated KRPC 1.4(a) and (b) by failing to respond to Best's communications and by failing to provide sufficient information for Best to make informed decisions concerning the possible appointment of a case manager.
3. Clear and convincing evidence established that Brown violated Supreme Court Rule 207(b) by failing to provide a written response to the disciplinary complaint or otherwise comply with requests from the disciplinary administrator and investigator.
4. Public censure was the appropriate discipline for Brown's violations, and the censure was to be published in the official Kansas Reports, with costs assessed against Brown.

Questions Presented

1. Whether clear and convincing evidence established that Brown violated KRPC 1.3 by failing to act with reasonable diligence and promptness in representing Best.
2. Whether Brown violated KRPC 1.4 by failing to keep Best informed, respond to reasonable requests for information, and provide information necessary for informed decisions about the representation.
3. Whether Brown violated Supreme Court Rule 207(b) by failing to cooperate with the disciplinary investigation.
4. What discipline was appropriate for the established violations.

Disposition

other