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The Disciplinary Process for Kansas Attorneys

In Kansas, the Office of the Disciplinary Administrator is charged with the responsibility of investigating complaints involving attorneys. When a complaint is filed, it is initially reviewed to determine whether it can be handled informally. Joseph, Hollander & Craft’s ethics defense lawyers can guide you through the disciplinary process for Kansas attorneys and provide strategic advice regarding how best to respond to initial inquiries.

If the complaint appears to have merit or alleges attorney violations involving dishonesty, then it will be docketed for formal investigation and consideration by the Review Committee. Because attorneys have a duty to fully cooperate in investigations, JHC’s attorney ethics defense team will guide you through the intricacies of the process and safeguard your rights and obligations throughout the investigation. We will assist you in providing a comprehensive response that conveys all material facts and fairly portrays the context of the situation. We will also advise you on possible mitigation measures that may be available, to include requesting a diversion.

After the investigation concludes, the Review Committee will consider your case. The respondent attorney does not appear before or otherwise discuss the matter with the Review Committee. The Review Committee is comprised of three attorneys who recommend to the Disciplinary Administrator and staff whether there is probable cause that the respondent attorney violated the rules of professional conduct and what type of discipline should be sought.

If the Review Committee finds probable cause, either diversion will be offered or a formal complaint will be filed. The respondent attorney will have the opportunity to file an answer, and the matter will be scheduled for a disciplinary hearing before the Hearing Panel. During the disciplinary hearing, evidence is presented, testimony is heard, and counsel for both sides offer arguments. JHC’s attorney ethics defense lawyers have the experience needed to successfully defend you by presenting a solid case on your behalf.

If the Hearing Panel recommends disciplinary action more serious than informal admonishment, then the Hearing Panel’s report and recommendations are filed with the Kansas Supreme Court. The parties may file briefs regarding any disputed findings. The respondent attorney must appear before the Kansas Supreme Court during oral arguments. The Kansas Supreme Court issues the final decision on the matter and can adopt, modify, or overturn the Hearing Panel’s findings and recommendations.