In re Hasenbank, 283 Kan. 155

Summary

The Kansas Supreme Court considered an uncontested attorney-discipline proceeding involving five client complaints against Russell W. Hasenbank. The court found violations involving lack of diligence, inadequate client communication, and failure to expedite litigation, and ordered a one-year suspension stayed in favor of four years of supervised probation, subject to specified conditions.

Holdings

1. Because Hasenbank filed no exceptions, the hearing panel's report was deemed admitted, and the Supreme Court concluded that the panel's factual findings were supported by clear and convincing evidence.
2. The established facts supported the conclusions that Hasenbank violated KRPC 1.3 by failing to act with reasonable diligence and promptness, KRPC 1.4(a) by failing to keep clients reasonably informed and respond to reasonable requests for information, and KRPC 3.2 by failing to make reasonable efforts to expedite litigation.
3. Failure to comply with the original diversion agreement, respond to diversion-related letters, or execute a new diversion agreement did not, individually or collectively, constitute separate violations of KRPC 8.1 or Supreme Court Rule 207.
4. A one-year suspension was warranted but was stayed, and Hasenbank was placed on four years of supervised probation subject to specified conditions.

Questions Presented

1. Whether the hearing panel's factual findings were supported by clear and convincing evidence when the respondent filed no exceptions.
2. Whether the established facts supported the panel's conclusions that Hasenbank violated KRPC 1.3, KRPC 1.4(a), and KRPC 3.2.
3. Whether the respondent's failure to comply with the Attorney Diversion Program constituted separate violations of KRPC 8.1 and Supreme Court Rule 207.
4. What discipline was appropriate for the established misconduct, including whether suspension should be stayed and replaced with supervised probation.

Disposition

other