In re Gamble

Summary

The Kansas Supreme Court considers attorney discipline arising from Eric Michael Gamble's communication with an unrepresented biological mother in a contested adoption proceeding. The court found violations of Kansas Rule of Professional Conduct 8.4(d) and 8.4(g) and imposed a six-month suspension.

Holdings

1. Gamble violated KRPC 8.4(d) by sending the communication to the biological mother, which attempted to manipulate an unrepresented participant, interfered with the administration of justice, included false statements of fact and law, and provided legal advice without recommending that she obtain counsel.
2. Gamble violated KRPC 8.4(g) because his emotionally coercive and bullying communication to the biological mother adversely reflected on his fitness to practice law.
3. Attorney misconduct must be established by clear and convincing evidence.
4. A six-month suspension was warranted, rather than the hearing panel's recommended 60-day suspension, and a reinstatement hearing was required.

Questions Presented

1. Whether Gamble's communication with the unrepresented biological mother constituted conduct prejudicial to the administration of justice under KRPC 8.4(d).
2. Whether Gamble's communication adversely reflected on his fitness to practice law under KRPC 8.4(g).
3. What discipline should be imposed for the violations.

Disposition

other