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Supreme Court accepting comment on remodeled rules relating to attorney discipline

14 Sep 2020 10:03 AM | Amanda Kohlman (Administrator)

The Kansas Supreme Court is accepting public comment on proposed changes to rules affecting attorney discipline and the Lawyers' Fund for Client Protection. One proposal has a 60-day comment period, and the other a 30-day comment period.

Proposed Rules 200–240: Rules Relating to Discipline of Attorneys

The changes in proposed Rules 200–240: Rules Relating to Discipline of Attorneys are extensive and overhaul the existing rules to align with other Supreme Court rules, increase efficiency, clarify the disciplinary process, and codify existing practices. 

The proposed changes create separate rules for each subject and reorder the rules to better reflect how a complaint moves through the attorney disciplinary process.

New provisions in the proposed rules include:

  • definitions for greater clarity;

  • new deadlines for the disciplinary administrator and the respondent to promote an efficient hearing process;

  • a clear process for respondents to get subpoenas to compel witnesses to testify at disciplinary hearings;

  • expanded use of depositions in attorney disciplinary cases;

  • a procedure for parties, by agreement, to submit a disciplinary case directly to the Supreme Court and forgo a hearing before the Kansas Board for Discipline of Attorneys; and

  • a provision that addresses using expert witnesses in disciplinary proceedings.

The proposed changes also move the Kansas Rules of Professional Conduct from Rule 226 to Rule 240. There are no changes to this rule other than the rule number.

You may make comment by email to SCRulespubliccomment@kscourts.org until noon Tuesday, November 10. The subject line must read "Rules Relating to Discipline of Attorneys."

Proposed Rule 241: Rule Relating to the Lawyers' Fund for Client Protection

The proposed Rule 241: Rule Relating to the Lawyers' Fund for Client Protection moves current Rule 227 to Rule 241 and amends the rule.

Proposed changes fall into three categories:

  • amendments to transfer administrative duties from the Office of the Clerk of the Appellate Courts to the Office of the Disciplinary Administrator;
  • extensive renumbering, restyling, and retooling amendments to align this rule with other Supreme Court rules; and
  • minor amendments for clarity.

The proposed changes do not substantively affect the consideration of claims made to the Client Protection Fund.

Comment may be made by email to SCRulespubliccomment@kscourts.org until noon Friday, October 9, 2020. The subject line must read "Rule 241."


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