In re Weaver

Summary

The Kansas Supreme Court disciplinary proceeding concerns attorney Tracy D. Weaver’s operation of a nationwide mortgage loan-modification business. The hearing panel found violations involving diligence, client communication and property, unauthorized practice of law, misrepresentation, supervision of nonlawyers, fee handling, and related professional-conduct rules.

Holdings

1. The disciplinary panel's findings of fact were deemed admitted because Weaver filed no exceptions, and the findings were supported by clear and convincing evidence. The findings supported the panel's conclusions that Weaver violated the cited Kansas Rules of Professional Conduct.
2. Disbarment was the appropriate sanction for Weaver's intentional and dishonest misconduct involving vulnerable mortgage borrowers, client funds, unauthorized practice, fee sharing, inadequate representation, and failure to provide promised refunds.

Questions Presented

1. Whether the disciplinary panel's factual findings and conclusions that Weaver violated KRPC 1.3, 1.4(a), 1.15(a), 1.16(d), 4.1(a), 5.3, 5.4, 5.5(b), 7.1, 8.1(b), and 8.4(c) and (g) were supported by the record.
2. Whether disbarment was the appropriate discipline for Weaver's misconduct.

Disposition

other