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eBook details

• Title: In re Smith
• Author : Supreme Court of Kansas
• Release Date : January 14, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

This is an original proceeding in discipline filed by Bruce E. Miller, disciplinary administrator, against William Van Horn Smith, of Garden City, an attorney duly admitted to the practice of law in Kansas. Two earlier proceedings against the respondent are In re Smith, 243 Kan. 159, 754 P.2d 808 (1988), and In re Smith, 242 Kan. 334, 747 P.2d 118 (1987). Both prior proceedings were initiated for failure of respondent to segregate client funds in attorney trust accounts, and to properly account for and distribute client funds. Both proceedings resulted in respondent being suspended from the practice of law for a period of one year. His current suspension extends to April 29, 1989. The facts are not in dispute. They are set forth in the findings of fact of the hearing panel of the Board for Discipline of Attorneys as follows: ""In early 1987, respondent received two checks from the Estate of Howard L. Miles in the combined sum of $31,500.00 for distribution to Rebecca L. Baier. The estate funds were distributed through respondent pursuant to a Family Settlement Agreement prepared by William Van Horn Smith. Respondent endorsed both checks in the name of Rebecca L. Baier, and he converted the funds to his personal use. The estate funds were not segregated and maintained in respondent's trust account. ""Respondent represented Rebecca L. Baier and her husband in several unrelated legal matters, including the payment of judgments and debts. Various creditors of Mr. and Mrs. Baier were paid by respondent through September, 1987, following negotiations for the compromise of disputed claims. On November 6, 1987, respondent remitted $1,500.00 to Rebecca L. Baier in settlement of the funds received through the Estate of Howard L. Miles. ""No formal accounting of trust funds was provided to Rebecca L. Baier by respondent, but a statement for professional services was rendered on March 8, 1988. Although respondent utilized the estate funds for payment of his personal obligations, he eventually obtained other funds from unidentified sources to complete the distribution of estate funds to Rebecca L. Baier and her creditors.

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