In re Malone

Summary

The Kansas Supreme Court considers an attorney discipline proceeding against Terrence J. Malone arising from his fee and collateral arrangement with a former criminal-defense client. The court found violations of Kansas Rules of Professional Conduct 1.8(a), 1.9(c), 1.15(a) and (c), and 3.3(a), and imposed a 90-day suspension from the practice of law.

Holdings

1. The evidence clearly and convincingly established that Malone violated KRPC 1.8, 1.9, 1.15, and 3.3 through his fee-and-collateral transaction with S.R., use of information relating to the representation to S.R.'s disadvantage, failure to safeguard disputed client-related property, and lack of candor to the tribunal.
2. A 90-day suspension from the practice of law was warranted, without a reinstatement hearing, despite mitigating circumstances, because Malone's misconduct caused actual harm to his former client and placed the client's liberty at risk.

Questions Presented

1. Whether the stipulated and admitted conduct established violations of KRPC 1.8(a), 1.9(c), 1.15(a) and (c), and 3.3(a) by clear and convincing evidence.
2. What discipline should be imposed for the established violations.

Disposition

other