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In re Singleton3/8/2002
ORIGINAL PROCEEDING IN DISCIPLINE
Supervised probation.
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Stan R. Singleton, of Derby, an attorney admitted to the practice of law in Kansas.
Complaints filed against the respondent alleged that the respondent violated KRPC 1.3 (2001 Kan. Ct. R. Annot. 323) (diligence); KRPC 1.4 (2001 Kan. Ct. R. Annot. 334) (communication); KRPC 1.5 (2001 Kan. Ct. R. Annot. 345) (fees); and KRPC 1.15 (2001 Kan. Ct. R. Annot. 376) (safekeeping property).
A hearing was held before a panel of the Kansas Board for Discipline of Attorneys. The respondent appeared in person and through counsel, G. Craig Robinson, and the Disciplinary Administrator's office appeared by Frank D. Diehl, Deputy Disciplinary Administrator.
Based upon clear and convincing evidence, a unanimous hearing panel made the followings findings of facts and conclusions of law:
"FINDINGS OF FACT
"1. Stan R. Singleton (hereinafter 'the Respondent') is an attorney at law. . . . His last registration address with the Clerk of the Appellate Courts of Kansas is . . . Derby, Kansas . . The Respondent was admitted to the practice of law in the State of Kansas on September 14, 1978.
"Wilson Case: DA7659
"2. The Respondent prepared a will for Henry Wilson in June, 1997. Thereafter, on August 5, 1997, Henry Wilson passed away. Henry Wilson was survived by four children: Guy Marc Wilson, Karen Beem, Debra Wilson, and Lori Hemsley. Pursuant to Henry Wilson's will, Guy Marc Wilson was to serve as Executor of the will.
"3. After Henry Wilson's passing, Guy Marc Wilson contacted the Respondent and requested that the Respondent represent him in probating Henry Wilson's will. The Respondent agreed.
"4. Although the Respondent obtained entries of appearances and waivers from Henry Wilson's daughters in March, 1998, the order admitting the will to probate was not filed until August, 1998. Additionally, because of the Respondent's delay in obtaining the order admitting the will to probate, Guy Marc Wilson did not have the authority to open a checking account, cash life insurance policies, and pay Henry Wilson's bills. The expenses from the funeral home remained unpaid for two years, resulting in an interest penalty to the estate in the amount of $1,189.42. The Respondent failed to file the Inheritance Tax Return, IH-90, until two years after Henry Wilson's death. As a result, interest in the amount of $56.37 accrued against the estate. Finally, Henry Wilson's personal property remained in storage for more than two years.
"Sinn Case: DA7707
"5. In March, 1998, John L. Sinn was charged with two counts of rape. As a result of plea negotiations, Mr. Sinn entered a no contest plea to aggravated indecent liberties with a child. After being sentenced, Mr. Sinn became dissatisfied with the representation of his counsel. Through his mother, Mary Hahner, Mr. Sinn retained the Respondent. The Respondent was retained to file and prosecute a motion to modify sentence and an appeal.
"6. The Respondent filed and prosecuted a motion to modify sentence. After due consideration, the Court denied the motion. Thereafter, the Respondent filed a notice of appeal. It took the Respondent some amount of time to obtain the transcripts of the plea and sentencing hearings and the police reports. After the Respondent reviewed the transcripts and reports, the Respondent determined that an appeal would be futile. Accordingly, the Respondent allowed the appeal to be dismissed on the state's motion.
"7. The R
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