In re Freed
279 P.3d 118
Kan.2012Background
- Freed, a Kansas attorney admitted in 1985, faced a disciplinary complaint filed June 23, 2011 for alleged KRPC violations.
- Hearing occurred October 6, 2011 before a panel of the Kansas Board for Discipline of Attorneys, with Freed appearing without counsel.
- Panel found violations of KRPC 1.1, 1.3, 1.4, and 1.15 based on the probate matter of Ms. H., including failure to file timely, missed appointments, and loss of documents.
- Findings showed Freed failed to return calls, failed to timely probate the will, and caused a roughly one-year delay in distributing estate assets due to negligence.
- Respondent admitted the violations; the panel recommended censure with conditions, and the Disciplinary Administrator urged a three-month suspension plus rehabilitation measures.
- The Kansas Supreme Court ultimately suspended Freed for six months and imposed conditions, including psychological evaluation, supervision, office-management training, and programs with the Kansas Lawyers Assistance Program.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Freed violated the KRPC 1.1, 1.3, 1.4, 1.15. | Panel found multiple violations; respondent admitted the conduct. | Respondent acknowledges violations and highlights rehabilitation efforts. | Violations established |
| What discipline should be imposed for the violations. | Three-month suspension with psychological eval, treatment, and supervision. | Probation favored; requests for early reinstatement with conditions. | Six-month suspension with specified conditions and potential early reinstatement after three months |
Key Cases Cited
- In re Foster, 292 Kan. 940 (2011) (clear and convincing evidence standard in discipline cases)
- In re Lober, 288 Kan. 498 (2009) (definition of clear and convincing evidence)
- In re Dennis, 286 Kan. 708 (2008) (evidence standard for professional discipline)
- In re Cline, 289 Kan. 834 (2009) (discretion in imposing sanctions)
- In re Leising, 269 Kan. 162 (2000) (prior case handling of discipline considerations)
- In re Copeland, 250 Kan. 283 (1992) (historical peer discipline precedents)
- In re Scott, 253 Kan. 192 (1993) (guidance on disciplinary measures)
- In re Alig, 285 Kan. 117 (2007) (consideration of aggravating factors in sanctions)