Summary
The Kansas Supreme Court reviewed an original attorney-discipline proceeding involving Byron J. Moore. The court found violations concerning diligence, communication, safekeeping client property, termination of representation, and professional misconduct, and ordered a two-year suspension, restitution, compliance with reinstatement requirements, and payment of costs.
Topics
Practice areas
Questions Presented
- Whether Moore violated KRPC 1.3 by failing to act with reasonable diligence and promptness in representing Foss.
- Whether Moore violated KRPC 1.4(a) by failing to keep Foss reasonably informed and return her communications.
- Whether Moore violated KRPC 1.15(b) by failing to return an unearned fee.
- Whether Moore violated KRPC 1.16(d) by failing to protect Foss's interests upon termination of representation and refund unearned fees.
- Whether Moore's criminal conduct and drug use violated KRPC 8.4(g) by adversely reflecting on his fitness to practice law.
- What discipline was appropriate in light of the violations, aggravating and mitigating circumstances, and Moore's proposed probation plan.
Holdings
- Moore violated KRPC 1.3 by failing to provide any additional legal services after appearing with Foss and therefore failing to act with reasonable diligence and promptness.
- Moore violated KRPC 1.4(a) by failing to return Foss's telephone calls and failing to keep her reasonably informed about her case.
- Moore violated KRPC 1.15(b) by failing to return the unearned portion of the fee paid for Foss's representation.
- Moore violated KRPC 1.16(d) by failing to give reasonable notice that he would no longer represent Foss and failing to refund unearned fees.
- Moore violated KRPC 8.4(g) because his conviction for promoting obscenity, regular cocaine use, and additional criminal violations adversely reflected on his fitness to practice law.
- A two-year suspension from the practice of law, with reinstatement subject to Supreme Court Rule 219 and proof of appropriate treatment, was warranted; the submitted probation plan was inadequate to protect the public.
Key quotations
“The court specifically finds the probation plan submitted is inadequate to protect the public and fails to comply with the internal operating rules of the Kansas Board for Discipline of Attorneys.” (160)
“It Is Therefore Ordered that Byron J. Moore be suspended from the practice of law in the State of Kansas for a period of 2 years, effective the date of this opinion” (161)
Factual background
Byron J. Moore represented Bobbi Foss in criminal proceedings after receiving a total fee of $750. After appearing with Foss at her first appearance, Moore failed to perform further legal services, failed to return calls, failed to notify her that he could no longer represent her, failed to appear at her trial, and failed to refund the unearned fee. Moore also engaged in criminal conduct, including a conviction for promoting obscenity, possession-related violations, and regular cocaine use, and he submitted a probation plan and treatment-related materials to support a lesser sanction.
Procedural history
The Disciplinary Administrator filed a formal complaint alleging violations of Kansas Rules of Professional Conduct 1.3, 1.4, 1.15, 1.16, and 8.4. After a July 17, 2001 hearing, the disciplinary panel found the violations and recommended a two-year suspension and reinstatement hearing. Moore did not take exceptions, submitted additional mitigation materials and a probation plan before the Supreme Court, and requested a lesser sanction. The court concurred in the panel's findings and recommendation but independently ordered suspension, restitution, costs, and compliance with applicable Supreme Court rules.