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In re Singleton3/8/2002
l not violate the terms of his probation or the provisions of the Kansas Rules of Professional Conduct. In the event that the Respondent violates any of the terms of probation or any of the provisions of the Kansas Rules of Professional Conduct at any time during the probationary period, the Respondent shall immediately report such violation to the Disciplinary Administrator. The Disciplinary Administrator shall take immediate action directing the Respondent to show cause why the probation should not be revoked.
"5. Client File Audits. Within thirty (30) days of the date of this report, Mr. Shawver shall conduct an initial audit of the Respondent's files. Thereafter, Mr. Shawver shall conduct audits of the Respondent's files as he deems appropriate. At the conclusion of the probation, Mr. Shawver shall complete a final audit of the Respondent's files. After each audit, Mr. Shawver shall make a report regarding the audit. If Mr. Shawver discovers any violations of the Kansas Rules of Professional Conduct, Mr. Shawver shall include such information in his report. Mr. Shawver shall provide the Disciplinary Administrator and the Respondent with a copy of each audit report. The Respondent shall follow all recommendations and correct all deficiencies noted in Mr. Shawver's periodic audit reports.
"6. Quarterly Reports. Mr. Shawver shall report to the Disciplinary Administrator on a quarterly basis regarding: whether the Respondent is diligently representing his clients, whether the Respondent is providing adequate communication with his clients, whether the Respondent is advising his clients of their right to have his fee reviewed, whether the Respondent's trust account is being utilized appropriately, whether the Respondent is following the recommendations of Dr. Moeller, and whether the Respondent has engaged in additional violations of the Kansas Rules of Professional Conduct. Mr. Shawver shall immediately report any material deviation from proper practice to the Disciplinary Administrator.
"7. Restitution. The Respondent shall pay restitution in the amount of $1,245.79 to the estate of Henry Wilson within sixty (60) days of the date of this report.
"8. Trust Account Audits. Robert Straub, an auditor employed by the Disciplinary Administrator's office, shall conduct quarterly audits of the Respondent's trust account. The Respondent shall provide Mr. Straub with access to his trust account records to facilitate the quarterly audits. After each audit, Mr. Straub shall make a report of the audit, including information on whether the Respondent is properly safeguarding his client's property and whether the Respondent is appropriately utilizing his trust account. Mr. Straub shall provide the Disciplinary Administrator and the Respondent with a copy of each audit report. The Respondent shall follow all recommendations and correct all deficiencies noted in Mr. Straub's quarterly audit reports."
IT IS FURTHER ORDERED that this opinion be published in the official Kansas Reports and that the costs herein be assessed to the respondent.
DAVIS, J., not participating.
BRAZIL, S.J., assigned.
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