294 P.3d 1165
Kan.2013Background
- This is an original discipline proceeding against Kansas-licensed attorney Stephen B. Small (admitted 1986).
- Disciplinary Administrator filed a formal complaint on Aug. 24, 2011; Small answered Sept. 20, 2011.
- Hearing panel found violations of KRPC 8.4(d) and (g) for conduct prejudicial to justice and adverse reflection on fitness.
- Panel described a pattern of threats, intimidation, and improper litigation tactics in the Friedheim/Bluhm matter.
- Panel recommended suspension; court ultimately imposed a 6-month suspension effective upon filing of the opinion.
- Costs were assessed against Small; the opinion was published.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Small violated KRPC 8.4(d) and (g). | Disciplinary Administrator asserts clear violations. | Small contests the misconduct as improper or unproven. | Yes; violations established. |
| Whether the record shows violations of KRPC 1.5 or 1.6. | Panel found no clear 1.5 violation and 1.6 findings were not proven. | Small disputes the conclusions and argues limited disclosures. | No clear 1.5 violation; 1.6 not proven. |
| What discipline is appropriate for Small's misconduct. | Disciplinary Administrator recommended suspension of 1 year. | Small urged dismissal or minimal discipline. | Suspension for 6 months with reinstatement conditions. |
Key Cases Cited
- In re Bryan, 275 Kan. 202 (2003) (disclosures not necessary to defend; 1.6 violation analyzed in context)
- In re Scimeca, 265 Kan. 742 (1998) (billing and time-entry practices; quarter-hour billing not per se violation)
- Mesecher v. Cropp, 213 Kan. 695 (1974) (disallowed use of deposition-like cross-examination practices; misconduct notion discussed)
- State v. Phelps, 226 Kan. 371 (1979) (cross-examination conduct; relevance to professional misconduct standards)
- In re Foster, 292 Kan. 940 (2011) (standards for determining discipline and aggravating/mitigating factors)