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Missouri Supreme Court suspends attorney indefinitely for professional misconduct

ST. LOUIS RECORD

Saturday, December 21, 2024

Missouri Supreme Court suspends attorney indefinitely for professional misconduct

Attorneys & Judges
Mo supreme court

Missouri Supreme Court | Wikimedia Commons/Americasroof/https://creativecommons.org/licenses/by-sa/3.0/deed.en

ST. LOUIS —In a disciplinary proceeding, the Missouri Supreme Court indefinitely suspended attorney Todd Agron from practicing law, with no eligibility for reinstatement for 12 months, citing serious ethical violations.

Agron, admitted to The Missouri Bar in 2004, previously served as a Jackson County assistant prosecutor and later transitioned to private practice specializing in personal injury cases. 

With no prior disciplinary history, Agron’s misconduct came to light following his use of an illicit pay-per-lead referral service and subsequent dishonest statements during the investigation.

The misconduct centered around Agron’s business relationship with National Accident Consulting LLC (NAC), which marketed itself as a referral service for personal injury attorneys. 

Between October 2020 and April 2021, Agron paid NAC $77,000 for 154 client referrals, despite knowing the organization was not a qualified or registered lawyer referral service as required by Missouri’s professional conduct rules. 

Additionally, Agron paid a NAC employee, identified as R.W., $500 per referral, even after R.W. unlawfully obtained personal information about potential clients.

When the Office of Chief Disciplinary Counsel (OCDC) launched an investigation in April 2021, Agron provided misleading responses.

He initially denied any knowledge of R.W. or involvement with NAC. 

Subsequent inquiries prompted him to continue his false denials, even as investigators presented evidence linking him to both parties. Months later, Agron submitted a written clarification admitting to his misrepresentations and acknowledging his payments to NAC.

In his statement, Agron confessed to understanding that NAC operated as a pay-per-lead service and expressed remorse for his lack of transparency. 

He claimed personal stress, including marital issues, contributed to his poor decision-making but emphasized that these factors did not excuse his actions.

Agron’s disciplinary hearing panel (DHP) in January 2024 reviewed the case, including mitigating factors such as his previously unblemished record, cooperation after confessing to the misconduct, and efforts to reform his practice. 

Agron stopped using referral services, expanded his professional network, and sought mentorship from other attorneys.

The DHP cited Agron’s substantial experience in law, selfish motives, dishonesty and repeated offenses. 

While the DHP majority recommended a six-month suspension with a one-year probationary period, the panel’s lay member dissented, strongly advocating for indefinite suspension.

The Missouri Supreme Court ultimately adopted the lay member’s view, noting that Agron’s dishonesty and attempts to impede the investigation undermined the integrity of the legal profession. 

The court found that his violations of multiple professional conduct rules, including those prohibiting dishonest and prejudicial behavior, warranted significant disciplinary action.

"The purpose of attorney discipline is to protect the public and uphold the legal profession’s integrity," the court noted in its decision. 

Agron’s indefinite suspension ensures he cannot practice law for at least 12 months, after which he may apply for reinstatement subject to rigorous scrutiny.

The chief disciplinary counsel was represented by Laura E. Elsbury and Sam S. Phillips of the chief disciplinary counsel’s office in Jefferson City.

Agron was represented by Robyn M. Butler and Kenneth J. Morton of Wallace Saunders PC in Lee’s Summit.

Attorneys did not return requests for comment on the case.

Missouri Supreme Court case number: SC100543

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