In the Matter of Stanley R JUHNKE Kansas

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In the Matter of Stanley R. JUHNKE Kansas Supreme Court, 273 Kan. 162, 41

In the Matter of Stanley R. JUHNKE Kansas Supreme Court, 273 Kan. 162, 41 P. 3 d 855 (2002) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

In re JUHNKE • PURPOSE: Juhnke shows that an attorney may be disciplined for

In re JUHNKE • PURPOSE: Juhnke shows that an attorney may be disciplined for failing to supervise a nonattorney assistant. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

In re JUHNKE • CAUSE OF ACTION: Disciplinary action against an attorney. Copyright 2007

In re JUHNKE • CAUSE OF ACTION: Disciplinary action against an attorney. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

In re JUHNKE • FACTS: Hyter, a disbarred attorney, was hired by Juhnke as

In re JUHNKE • FACTS: Hyter, a disbarred attorney, was hired by Juhnke as a legal assistant for several years. Hyter operated very much like an attorney with very little supervision from Juhnke, who charged clients for Hyter’s services at the same rate he charged for his own services. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

In re JUHNKE • ISSUE: Should Juhnke be disciplined for failing to supervise a

In re JUHNKE • ISSUE: Should Juhnke be disciplined for failing to supervise a nonattorney assistant and for aiding the assistant in the unauthorized practice of law? Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

In re JUHNKE • HOLDING: Juhnke should be disciplined by published censure for violating

In re JUHNKE • HOLDING: Juhnke should be disciplined by published censure for violating the Kansas attorney ethics rules. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

In re JUHNKE • REASONING: An attorney employing a disbarred attorney as a legal

In re JUHNKE • REASONING: An attorney employing a disbarred attorney as a legal assistant runs the risk that the disbarred attorney may perform services amounting to the practice of law without adequate supervision. The practice of law includes “legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, ” in addition to representation in court. Unlike other paralegals, the disbarred attorney is prohibited from contact with clients. Juhnke failed to properly supervise Hyter. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.