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In re Rathbun5/30/2003
Three-years supervised probation.
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Kiehl Rathbun of Wichita, an attorney licensed to practice law in Kansas. This action arose from several disciplinary complaints. A disciplinary panel of the Kansas Board for the Discipline of Attorneys conducted a formal hearing, as required by Kansas Supreme Court Rule 211 (2002 Kan. Ct. R. Annot. 260). Rathbun stipulated to many of the facts and some of the violations alleged and, at the hearing, admitted other violations. The hearing panel also found additional violations based upon the evidence presented.
The hearing panel concluded there was clear and convincing evidence Rathbun had violated Kansas Rules of Professional Conduct (KRPC) 1.3 (2002 Kan. Ct. R. Annot. 328) (diligence); KRPC 1.4 (2002 Kan. Ct. R. Annot. 340) (communication); KRPC 1.5 (2002 Kan. Ct. R. Annot. 352) (fees); KRPC 1.15 (2002 Kan. Ct. R. Annot. 384) (safekeeping property); KRPC 1.16 (2002 Kan. Ct. R. Annot. 395) (declining or terminating representation); KRPC 3.3 (2002 Kan. Ct. R. Annot. 411) (candor toward the tribunal); KRPC 3.4 (2002 Kan. Ct. R. Annot. 416) (fairness to opposing party and counsel); KRPC 3.5 (2002 Kan. Ct. R. Annot. 419) (impartiality and decorum of the tribunal); and KRPC 8.4 (2002 Kan. Ct. R. Annot. 449) (misconduct).
The hearing panel recommended that Rathbun's license to practice law be suspended for 1 year, but further recommended that, due to compelling mitigating circumstances, imposition of discipline should be suspended and Rathbun should be placed on supervised probation for 3 years. Rathbun filed no exceptions to the hearing panel's report.
Hearing Panel's Findings of Fact and Conclusions of Law
In summary, the hearing panel made the following findings of fact and conclusions of law.
Cami Baker Complaint
After a divorce trial and subsequent hearing regarding a motion for reconsideration, the trial court ordered Rathbun to prepare a journal entry. Cami Baker, an attorney representing the other party, eventually filed a motion to compel Rathbun to prepare the journal entry. Rathbun brought a journal entry to the hearing on Baker's motion to compel. Baker did not believe the journal entry reflected the trial court's decision and she ordered a transcript and advised Rathbun of her objections. Despite Baker's objections, Rathbun filed the journal entry with the court and on Baker's signature line wrote "Rule 170." He did not provide Baker with a copy of the journal entry as submitted.
The hearing panel found that, during his testimony on this matter, Rathbun admitted to violations of KRPC 3.3, 3.4, and 8.4(d). KRPC 3.3(a)(1) provides: "A lawyer shall not knowingly make a false statement of material fact or law to a tribunal." 2002 Kan. Ct. R. Annot. 411. Rathbun violated this provision by submitting the journal entry without informing the court that Baker had objections to it and was ordering a transcript of the divorce trial. The same conduct violated KRPC 3.4(c), which provides that a lawyer must not "knowingly disobey an obligation under the rules of a tribunal." 2002 Kan. Ct. R. Annot. 416. Further, when Rathbun wrote "Rule 170" on the journal entry, he violated KRPC 8.4(d) by engaging in conduct that was prejudicial to the administration of justice.
Joseph Cassell Complaint
On January 19, 2000, Rathbun filed an ex parte petition for a restraining order on behalf of a client against the client's ex-husband, who was represented by Joseph Cassell. In the petition, Rathbun alleged that the ex-husband's therapist, Dr. Samuel Harrell, had a
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