In re Rathbun

Summary

The Kansas Supreme Court reviewed disciplinary proceedings against attorney Kiehl Rathbun for violations involving diligence, client communication, safekeeping property, frivolous claims, and cooperation with the disciplinary investigation. The court adopted the hearing panel’s findings and extended Rathbun’s existing probation for one year, subject to additional conditions.

Holdings

1. Clear and convincing evidence established that Rathbun violated KRPC 1.3, KRPC 1.4, KRPC 1.15, KRPC 3.1, and Supreme Court Rule 207(b).
2. When a respondent files no exceptions to a disciplinary hearing panel's report, the report is deemed admitted under Supreme Court Rule 212(c) and (d).
3. The appropriate disposition was to suspend imposition of other discipline and extend Rathbun's existing probation for one year, until May 30, 2007, subject to existing and additional conditions.

Questions Presented

1. Whether clear and convincing evidence established that Rathbun violated KRPC 1.3, KRPC 1.4, KRPC 1.15, KRPC 3.1, and Supreme Court Rule 207(b).
2. Whether the hearing panel's report was deemed admitted because Rathbun filed no exceptions.
3. What discipline was appropriate in light of the established violations, aggravating and mitigating factors, and Rathbun's progress during existing probation.

Disposition

other