In re Arnett

Summary

The Kansas Supreme Court suspended Debra J. Arnett from practicing law for one year based on misconduct involving failure to diligently pursue a custody matter, inadequate communication, failure to return unearned fees, dishonesty, and noncooperation with disciplinary investigations. The suspension was ordered effective on the date of the opinion, with reinstatement subject to applicable requirements and proof of appropriate professional help.

Holdings

1. The court adopted the hearing panel's findings and conclusions that Arnett violated KRPC 1.3, KRPC 1.4, KRPC 1.15(b), KRPC 1.16(d), KRPC 8.1(b), KRPC 8.4(a), KRPC 8.4(c), KRPC 8.4(d), KRPC 8.4(g), Kan. Sup. Ct. R. 207(b), and Kan. Sup. Ct. R. 211(b).
2. A one-year suspension from the practice of law was warranted, with reinstatement subject to the requirements of Kan. Sup. Ct. R. 219, including proof that Arnett obtained appropriate professional help to prevent recurrence of the misconduct.

Questions Presented

1. Whether the respondent violated the Kansas Rules of Professional Conduct and Kansas Supreme Court rules by failing to diligently represent a client, communicate with the client, safeguard and return unearned fees, protect the client's interests upon termination of representation, cooperate with the disciplinary investigation, and comply with disciplinary procedures.
2. What discipline should be imposed for the respondent's admitted and established misconduct, including the effect of her ongoing mental illness and prior disciplinary history.
3. Whether the recommended one-year suspension should be effective when the opinion was filed or retroactive to the date on which the respondent voluntarily stopped practicing law.

Disposition

other