In re Shriver
278 P.3d 964
| Kan. | 2012Background
- Original disciplinary proceeding against Kansas attorney David G. Shriver (admitted 1975).
- Formal complaint filed Sept. 2, 2011 alleging violations of KRPC; respondent answered Sept. 12, 2011.
- Hearing before Kansas Board for Discipline of Attorneys on Oct. 20, 2011; panel found violations of 1.3, 3.3(a)(1), and 8.4(c).
- Estate of respondent's mother Shriver administered by respondent; he acted as executor and trustee and failed to diligently close the estate.
- Distributions to heirs and self were made without court approval; inventory and accounting omitted key assets (mortgage, CDs) and were filed late; final settlement issued after long delays.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent violated KRPC 1.3, 3.3(a)(1), and 8.4(c). | DA argues violations established by facts. | Shriver contends no misconduct or less severe sanction. | Yes; violations established. |
| What discipline is appropriate for respondent's misconduct. | DA sought indefinite suspension; panel proposed 90 days. | Shriver urged censure. | 6-month suspension; majority of court adopts discipline of 6 months. |
Key Cases Cited
- In re Foster, 292 Kan. 940 (2011 Kan.) (clear and convincing standard; discipline considerations in professional misconduct)
- In re Lober, 288 Kan. 498 (2009 Kan.) (definition of clear and convincing evidence in disciplinary matters)
- In re Dennis, 286 Kan. 708 (2008 Kan.) (standard for proving attorney misconduct)