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In re Jones

Supreme Court of Kansas

January 7, 2014

In the Matter of RICHARD E. JONES, Respondent

OPINION

ORDER OF REINSTATEMENT

On February 15, 2012, this court suspended the respondent, Richard E. Jones, from the practice of law in Kansas for a period of 6 months. See In re Jones, 293 Kan. 871, 269 P.3d 833 (2012). The court further ordered that respondent undergo a hearing pursuant to Supreme Court Rule 219 (2013 Kan. Ct. R. Annot. 407) prior to the consideration of a petition for reinstatement.

On August 17, 2012, the respondent filed a petition with this court for reinstatement to the practice of law in Kansas. The court referred the petition to the Disciplinary Administrator for investigation and hearing. On November 13, 2013, a hearing panel of the Kansas Board for Discipline of Attorneys conducted a hearing to consider respondent's petition for reinstatement.

On December 6, 2013, the hearing panel filed its report setting out the circumstances leading to respondent's suspension, a summary of the evidence presented, and its findings and recommendations. The panel unanimously recommended that respondent's petition for reinstatement to the practice of law in Kansas be granted, subject to practice limitations and supervision as follows:

Psychological Treatment. Respondent will continue his treatment for depression with Dr. William Albott, throughout the period of supervision, unless in Dr. Albott's opinion, continued treatment is no longer necessary. Respondent will comply with recommendations made by Dr. Albott. Dr. Albott will notify the Disciplinary Administrator in the event that respondent discontinues treatment against his recommendation during the period of supervision. On a quarterly basis throughout the period of supervision, Dr. Albott will provide the Disciplinary Administrator and the practice supervisor with a report regarding respondent's progress in therapy. The reports are to be provided January 1, April 1, July 1, and October 1, of each year during the period of supervision. [298 Kan. 584] Respondent will maintain a current release of information to allow Dr. Albott to provide such information to the Disciplinary Administrator and to the practice supervisor.
Practice Supervision. Respondent's practice will be supervised by John J. Ambrosio, Attorney at Law, of Topeka, Kansas. Ambrosio will be acting as an officer and agent of the court as supervisor in monitoring respondent's practice. Respondent will allow Ambrosio access to his files, his employees, his trust account, and his doctors. Ambrosio will monitor the following: the status of each case on respondent's case list, respondent's docketing system, respondent's management of discovery, and the views of the local judges regarding their evaluation of respondent's performance. Ambrosio will also review all written fee agreements before they are executed and assist respondent in his billing and collection practices.
Weekly Meetings. Respondent will meet with Ambrosio as directed by Ambrosio. Additionally, Ambrosio will be available to respondent by telephone for additional consultations. During respondent's

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meetings with Ambrosio, respondent will disclose the status of his pending cases and, specifically, whether he has failed to timely respond to requests for discovery, to motions to compel, or to orders to show cause.
Quarterly Reports. Every quarter, respondent will provide a written report to Ambrosio regarding the status of each of respondent's cases. The report will include a current case list which will identify each case by name, set forth all deadlines scheduled by the court, a statement regarding whether each deadline was met, and an explanation if a continuance was requested. In the event a deadline is missed, respondent and Ambrosio will immediately report the missed deadline to the Disciplinary Administrator. Every quarter, Ambrosio will provide a written report to the Disciplinary Administrator regarding respondent's compliance with the terms of supervision. The reports are to be provided January 1, April 1, July 1, and October 1, of each year during the period of supervision.
[298 Kan. 585] Calendar. Respondent will maintain a comprehensive calendar of court appearances, discovery deadlines, and other pleading deadlines. Respondent will allow Ambrosio access to the calender to review the entries.
Limitation of Practice. Respondent will not accept any case other than criminal cases.
Continuing Legal Education. Respondent will successfully complete 4 hours of law office management continuing legal education, prior to June 30, 2014.
Professional Associations. The hearing panel recommends that respondent join bar associations and create other professional associations in an attempt ...

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