In the Matter of Mindy Lynn Miller

300 Kan. 1082 (2014) · Supreme Court of Kansas · November 26, 2014 · No. No. 112,081

Summary

The Kansas Supreme Court considered an original disciplinary proceeding against Mindy Lynn Miller, an attorney who continued practicing after suspension and neglected multiple client matters. The court adopted the disciplinary panel's findings that she violated several Kansas Rules of Professional Conduct and ordered her indefinitely suspended, subject to compliance with specified reinstatement conditions.

Holdings

  1. The proceeding could properly proceed because Miller received adequate notice through service complying with Kansas Supreme Court Rule 215, and her failure to file exceptions caused the hearing panel's factual findings to be deemed admitted.
  2. Clear and convincing evidence established that Miller violated KRPC 1.1, 1.3, 1.4(a), 5.5(a), 8.1(b), 8.4(d), and Kansas Supreme Court Rule 207(b).
  3. Indefinite suspension from the practice of law in Kansas was appropriate, with compliance with Kansas Supreme Court Rules 218 and 219 as conditions precedent to reinstatement.

Questions Presented

  1. Whether clear and convincing evidence established that Miller violated the specified Kansas Rules of Professional Conduct and Kansas Supreme Court Rule 207(b).
  2. Whether the hearing panel could proceed and its factual findings be deemed admitted when Miller failed to answer, appear, or file exceptions after receiving proper notice.
  3. What disciplinary sanction was appropriate for Miller's repeated neglect, unauthorized practice, failure to communicate, and failure to cooperate with the disciplinary investigation.

Disposition

other

Cases Cited (3)

  • In re Foster, 292 Kan. 940, 945, 258 P.3d 375 (2011)(followed)
  • In re Lober, 288 Kan. 498, 505, 204 P.3d 610 (2009)(followed)
  • In re Dennis, 286 Kan. 708, 725, 188 P.3d 1 (2008)(followed)

Cited In (0)

No citing cases on record yet.

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