In re Beye

Summary

The Kansas Supreme Court disciplined Bruce W. Beye by published censure for violating Kansas Rules of Professional Conduct 1.3, 1.4, and 1.15(a) and (b) in his representation of Total Performance Construction Services, LLC. The court adopted the hearing panel's findings and conclusions, declined to require payment of $4,000 in additional attorney fees, and assessed proceeding costs against Beye.

Holdings

1. Beye violated KRPC 1.3 by failing to act with reasonable diligence and promptness in representing TPCS, including by taking no action on the case and failing to communicate with TPCS from January 2019 until November 2019.
2. Beye violated KRPC 1.4(a) by failing to keep TPCS reasonably informed about the status of the case and failing to promptly comply with reasonable requests for information.
3. Beye violated KRPC 1.15(a) by depositing TPCS's unearned funds into his operating account rather than holding them separately in an attorney trust account.
4. Beye violated KRPC 1.15(b) by failing to provide TPCS with an accounting of the $10,000 paid to him after TPCS requested one.
5. Published censure was the appropriate discipline for Beye's violations of KRPC 1.3, 1.4, and 1.15(a) and (b). The court declined to require Beye to pay TPCS the additional $4,000 in attorney fees recommended by the hearing panel.

Questions Presented

1. Whether clear and convincing evidence established that Beye violated KRPC 1.3 by failing to act with reasonable diligence and promptness in representing TPCS.
2. Whether Beye violated KRPC 1.4(a) by failing to keep TPCS reasonably informed and respond to reasonable requests for information.
3. Whether Beye violated KRPC 1.15(a) and (b) by depositing unearned client funds into his operating account and failing to provide an accounting.
4. What discipline should be imposed for the established violations.

Disposition

other