St. Louis Record

Thursday, January 23, 2020

Kansas attorney reciprocally disciplined in Missouri following multiple allegations of professional misconduct

State Court

By Karen Kidd | Jul 23, 2019

General court 09

JEFFERSON CITY – Attorney Brandon W. Deines of Lawrence, Kansas has been reciprocally suspended following a July 22 Missouri Supreme Court order regarding disciplinary proceedings against him in Kansas.

The Missouri Supreme Court suspended Deines from practicing law in Missouri with no application for reinstatement to be entertained by the court for three years from the date of its order.

The high court in Missouri also ordered Deines to pay costs.

Deines had not filed a reponse to a show cause order issued by the court, according to the order.

The Kansas Supreme Court indefinitely suspended Deines in November over multiple alleged violation of professional conduct rules in that state, all stemming from complaints that alleged lack of diligence and neglect of duties to clients. Deines did not contest the allegations in the Kansas disciplinary proceedings but reached a joint motion for temporary suspension with the disciplinary administrator, according to the Kansas Supreme Court's decision.

The joint motion was granted in September 2017 and the following December Deines and the disciplinary administrator filed a joint stipulation in which he stipulated to "to extensive facts and to rules violations," the Kansas Supreme Court's decision said.

A hearing panel in Kansas subsequently determined Deines violated professional conduct rules, including those regarding competence, diligence, communication, safekeeping property, termination of representation and failure to cooperate in a disciplinary investigation.

Absence of a prior disciplinary record and a dishonest or selfish motive, in addition an untimely good faith effort to make restitution and expression of remorse for the misconduct were considered among mitigating factors in the Kansas disciplinary proceedings.

Deines also suffers from depression, which "was the main contributing factor to the misconduct," the Kansas Supreme Court decision said, citing the hearing panel's determinations.

"(Deines) should not practice law until his mental health would permit him to provide the time and attention his clients need," the Kansas Supreme Court decision said.

The Kansas disciplinary administrator had recommended Deines be disbarred but "we find indefinite suspension, a greater sanction than that recommended by the hearing panel, to be appropriate in this case," the Kansas Supreme Court's decision said.

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