In the Matter of Kevin Peter Shepherd

Summary

This Kansas Supreme Court attorney-discipline proceeding concerns Kevin Peter Shepherd's handling of client funds and representations made in a Chapter 7 bankruptcy case. The hearing panel found violations involving commingling and conversion of client property, inadequate financial records, false statements to the bankruptcy court, and dishonesty. The court reviewed and adopted the panel's findings and conclusions; the panel had recommended a three-month suspension subject to specified conditions.

Holdings

1. The evidence established by clear and convincing evidence that Shepherd violated KRPC 1.15(a), KRPC 1.15(d)(1), KRPC 1.15(d)(2)(iii), KRPC 3.3(a)(1), and KRPC 8.4(c).
2. Attorney misconduct must be established by clear and convincing evidence.
3. Because Shepherd filed no exceptions, the hearing panel's final report was deemed admitted.
4. A three-year suspension from the practice of law in Kansas was the appropriate sanction, rather than the three-month suspension recommended by the disciplinary panel.
5. After one year of suspension, Shepherd may move for suspension of the remaining two years if he submits a qualifying probationary plan and satisfies the conditions stated by the court; absent approval, he must complete the three-year suspension.

Questions Presented

1. Whether the evidence established by clear and convincing evidence that Shepherd violated KRPC 1.15(a), KRPC 1.15(d)(1), KRPC 1.15(d)(2)(iii), KRPC 3.3(a)(1), and KRPC 8.4(c).
2. Whether the disciplinary panel's findings and conclusions should be adopted when Shepherd filed no exceptions to the panel's report.
3. What discipline should be imposed for Shepherd's mishandling of client funds and false statements to the United States Bankruptcy Court.
4. Whether Shepherd should be permitted to seek suspension of the remaining portion of a three-year suspension after one year under a probationary plan.

Disposition

other