State v. NelsonState v. Nelson
- Reporters:
- , ,
- Before:
- Per Curiam
This is an original proceeding in discipline, filed pursuant to Supreme Court Rule 212 (230 Kan. civ), against Rоbert D. Nelson, an attorney admitted to practice in the State of Kansas. A рanel of the Kansas Board for Discipline of Attorneys, after a full evidentiary hearing, recommended that respondent be indefinitely suspended from the praсtice of law. The court concurs in that recommendation. Respondent filed exceptions to the report of the disciplinary panel but failed to file a brief and he is deemed to have conceded that the findings of fact madе by the panel are supported by the evidence. Supreme Court Rule 212(e)(4).
Thе matter resulting in the complaint against respondent grew out of a series of rеal estate transactions which began in 1977. In March of that year Luis Alejos and Waltеr Bates retained respondent to represent them in the purchase of real estate in Topeka. Alejos and Bates were buying the property under a contract of sale from Mosby-Mack, Inc., a Topeka firm. In May of 1981, the purchasers had fallen behind in the payment of the April and May 1981, installments due under the cоntract. On May 15, 1981, Mosby-Mack filed suit to cancel the contract. In the meantime, Alеjos and Bates had entered into a contract to sell the property tо a third party at a substantial profit. They retained respondent to protect their interests in the suit filed by MosbyMack so they could proceed with the sale of the property which was scheduled for September 1, 1981,
Respondent entered an appearance in the pending litigation and filed an answer on behalf оf Alejos and Bates to the first amended petition filed by Mosby-Mack. On June 10, 1981, the plaintiff filеd a second amended petition and respondent did not file an answer to thаt petition, In May of 1981, the respondent had advised his clients that he thought the Mosby-Maсk litigation could be settled if the delinquent payments, an insurance *474 premium, court costs and a $300.00 attorney fee for MosbyMack’s lawyers was paid. On May 21, 1981, Mr. Alejos wrote respondent a check for $2,149.60 to cover those items. He also paid rеspondent $200.00 to apply on his attorney fee. When the June and July payments came due, those payments were made to the respondent. Respondent did nоt seek to settle the MosbyMack litigation and in August, 1981, Alejos consulted another attorney.
During August, 1981, several demands were made upon respondent for a return of the trust funds hе was supposedly holding. Finally, on August 31, 1981, respondent wrote two checks to Mr. Alejos, one for $2,149.60 and one for $1,570.90. The checks were presented to respondent’s bank the same day and payment was refused due to a lack of funds in . the trust accоunt. On September 3, 1981, respondent paid Alejos $2,149.60 by certified check. He did not replace the $1,570.90 check and it was only after Alejos sued respondent and recovered a judgment that the amount was finally paid. Bank records introduced befоre the panel of the Board for Discipline of Attorneys reveal that therе never was a sufficient amount in respondent’s bank account to cover the amounts due Alejos. On occasions respondent’s trust account was actually overdrawn.
The disciplinary panel found that respondent had neglected a legal matter entrusted to him, that he had failed to pursue his client’s legal objective, that he had commingled his client’s money with his own, wrongfully retained money held in trust and had converted trust funds to his own use. A careful review of the record reveals clear and convincing evidence supporting all of the conclusions of the disciplinary panel, and it is the opinion of the court that its recommendation of indеfinite suspension should be accepted.
It Is Therefore Ordered and Adjudged that Rоbert D. Nelson be and he is hereby indefinitely suspended from the practice of law in the State of Kansas. The costs herein are assessed to the respondent.
It Is Further Ordered and Adjudged that the respondent shall forthwith comply with Supreme Court Rule 218 (230 Kan. cvii).