Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Lee

March 28, 2008

IN THE MATTER OF CLYDE E. LEE, RESPONDENT.


Per curiam.

ORIGINAL PROCEEDING IN DISCIPLINE

Disbarrment.

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Clyde E. Lee, of Texarkana, Texas, an attorney admitted to the practice of law in Kansas. The formal complaint filed against the respondent alleged violations of Kansas Rule of Professional Conduct (KRPC) KRPC 1.15(d) (2007 Kan. Ct. R. Annot. 473) (safekeeping property). The formal complaint was served upon Clyde Evans Lee by registered mail at his address in Texarkana, Texas. The return receipt was signed by respondent indicating the complaint was delivered to him on December 10, 2007.

In the proceeding before this court, Deputy Disciplinary Administrator, Janith A. Davis, appeared. The respondent did not appear although he had been served with a final report of the hearing before a panel of the Kansas Board for Discipline of Attorneys. On the day of this hearing, respondent Clyde E. Lee contacted the Clerk of the Kansas Appellate Courts to report that while he meant no disrespect to the court he would be unable to attend the hearing "due to logistics."

At the hearing held before a panel of the Kansas Board for Discipline of Attorneys, the office of the Disciplinary Administrator was represented by Janith A. Davis. The respondent did not appear. Upon the conclusion of the hearing, the panel made the following findings of fact and conclusions of law together with its recommendations to this court:

"FINDINGS OF FACT

"The Hearing Panel finds the following facts, by clear and convincing evidence:

"1. Clyde E. Lee (hereinafter 'the Respondent') is an attorney at law. . . . His last registration address with the Clerk of the Appellate Courts of Kansas is . . . Texarkana, Texas. . . . The Respondent's current address is . . . Texarkana, Texas. . . . The Respondent was admitted to the practice of law in the State of Kansas on September 14, 1978. The Respondent has never engaged in the active practice law of law in Kansas. In 1987, and thereafter, the Respondent failed to comply with the annual licensing requirements in the State of Kansas. As a result, the Respondent's license to practice law in the State of Kansas has been suspended for nearly 20 years.

"2. The State Bar of Texas admitted the Respondent to the practice of law on November 12, 1979. . . . The Respondent has engaged in the active practice of law in the State of Texas. [Footnote: On September 16, 2006, the State Bar of Texas suspended the Respondent's license to practice law for failing to pay 'dues and taxes.' At the time of the hearing on this matter, the Respondent was eligible to practice law again; however, he had not obtained the reinstatement of his license.]

"3. The State Bar of Texas has previously disciplined the Respondent on five occasions. [Footnote: The Respondent never informed the disciplinary authorities in the State of Kansas of the fact that the had been repeatedly disciplined in the State of Texas.]

"4. . . . [O]n November 1, 1993, . . . the State Bar of Texas suspended the Respondent's license to practice law for three months, for having violated Rules 1.01(b)(1), 1.03(a), 1.15(a)(3), and 8.01(b) of the Texas Disciplinary Rules of Professional Conduct. The imposition of the suspension was stayed and the Respondent was placed on probation for three months.

"5. In that case, on April 19, 1991, James R. Lammert hired the Respondent to modify a divorce decree. Mr. Lammert paid the Respondent $375 for the Respondent's services. Thereafter, the Respondent wholly failed to provide any meaningful legal services to Mr. Lammert, the Respondent failed to keep Mr. Lammert reasonably informed about the status of the matter, the Respondent failed to comply with reasonable requests for information, and the Respondent forced Mr. Lammert to expend $168.08 on long distance telephone calls to the Respondent, which were not returned. After Mr. Lammert dismissed the Respondent, the Respondent further failed to return Mr. Lammert's file to him after being requested to do so. Finally, the Respondent knowingly failed to respond to the complaint in this matter after bring properly notified by the State Bar of Texas.

"6. On December 8, 1995, . . . the State Bar of Texas suspended the Respondent's license to practice law for a period of five years, for having violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), 1.15(d), 8.01(b), and/or 8.04(a)(3) of the Texas Disciplinary Rules of Professional Conduct. The Respondent was ordered to serve an actual suspension of one month. Thereafter, the remaining four years and 11 months suspension was stayed and the Respondent was ordered onto probation.

"7. In that case, on August 10, 1993, Charlene Bond hired the Respondent to represent her uncle, Isreal J. Bazell, in a foreclosure proceeding. On that date, Ms. Bond paid the Respondent $600 for attorneys fees and court costs.

"8. The Respondent prepared the notice of foreclosure but was unsuccessful in obtaining service of the notice on the appropriate party. The Respondent thereafter failed to perform any additional legal services on Mr. Bazell's behalf. In addition, the Respondent failed to respond to Ms. Bond's and Mr. Bazell's frequent requests for information. The Respondent failed to communicate with Ms. Bond and Mr. Bazell regarding the status of the foreclosure.

"9. The Respondent later closed his law office but failed to notify Ms. Bond and Mr. Bazell of his new address and telephone number. On November 10, 1993, M. Nicol Padway, an attorney who represented Mr. Bazell on related matters, requested information from the Respondent regarding the status of the foreclosure proceeding. The Respondent failed to respond to Ms. Padway's request for information. Notwithstanding the fact that he failed to complete the legal services he was hired to perform, at no time has the Respondent refunded any unearned attorneys fees to Ms. Bond.

"10. Finally, the Respondent failed to cooperate in the investigation of the complaint.

"11. The State Bar of Texas disciplined the Respondent for a third time on December 13, 1995. In that case, . . . . the State Bar of Texas suspended the Respondent's license to practice law for a period of 50 months, for having violated Rule 1.01(b)(1), 1.03(a), 1.04(a), and 8.01(b) of the Texas Disciplinary Rules of Professional Conduct. The State Bar of Texas ordered the Respondent to serve an actual suspension of 60 days from December 13, 1995. Thereafter, the remaining 48 months' suspension was stayed and the Respondent was ordered onto probation.

"12. In that case, on December 9, 1993, the Respondent was retained by Gloria Mitchell to handle the probate of the estate of her late aunt. Because Ms. Mitchell is from California, her only meeting with the Respondent took place on the morning of her aunt's funeral. At that time, Ms. Mitchell paid the Respondent $320 in cash. The next day, Ms. Mitchell returned to the Respondent's office and paid an additional $200 in cash, which was received by the Respondent's wife. Thereafter, Ms. Mitchell was unable to contact the Respondent regarding the status of the probate matter. Further, Ms. Mitchell's authorized agent in Bowie County, Texas, Roland Jones, heard from the Respondent on only one occasion, at which time the Respondent apologized for not taking action on the probate matter. Finally, the Respondent failed to return papers belonging to Ms. Mitchell after it was obvious that he was going to take no action on the probate matter.

"13. After Ms. Mitchell filed a complaint against the Respondent, the Respondent failed to respond in writing to the complaint.

"14. On November 7, 2003, the State Bar of Texas disciplined the Respondent for the fourth time. In that case, . . . the State Bar of Texas issued a judgment of public reprimand against the Respondent, for having violated Rules 1.01(b)(1), 5.03(a), 5.03(b)(1), ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.