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249 Kan. 773

In re Gilman

Supreme Court of Kansas

Decided December 6, 1991

Supreme Court of Kansas · decided 1991-12-06

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-06

How this case has been cited

Cited by 89 later decisions — most recently January 2018 · most notably State v. Timley (1994), 20 Kan. App. 2d 277 - Foulk v. Colonial Terrace (1994)

1 district · 88 state decisions

510199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1This is an original proceeding in discipline filed by the disciplinary administrator against David R. Gilman of Overland Park, Kansas, an attorney admitted to practice law in Kansas. The facts, as determined by a hearing panel of the Kansas Board for Discipline of Attorneys, are not disputed.

¶2Gilman was employed to represent a client in a DUI case in the District Court of Franklin County, Kansas. At a pretrial conference, Gilman agreed to a trial date of March 9, 1990, at 9 a.m.

¶3After the Franklin County trial was scheduled, Gilman received notice that another client’s DUI trial was scheduled for the same morning in Johnson County. Gilman did not seek a continuance of either case. Gilman spoke to his client, who was scheduled for trial in Franklin County, the night before the trial was to start and confirmed the time and date of the Franklin County trial.

¶4When the Franklin County trial was ready to begin, Gilman did not appear. His client, the prosecutor, three witnesses, and an out-of-county district court judge were present and ready for trial.

¶5The trial judge in Franklin County made a series of telephone calls trying to ascertain Gilman’s whereabouts. Gilman did call his office to request that the clerk’s office in Franklin County be notified he was delayed. Gilman, however, did not directly contact the trial judge in Franklin County the day the trial was scheduled (Friday). He did not attempt to contact the trial judge during the weekend.

¶6*774The Franklin County trial judge attempted to contact Gilman again the following Monday. Gilman finally contacted the judge at three o’clock in the afternoon on Monday, March 12, 1990.

¶7The DUI case in Franklin County subsequently was heard by a different judge, and the defendant was convicted. Gilman failed to appear for the sentencing hearing and. offered no explanation for his nonappearance. Gilman’s client was not prejudiced by Gilman’s failure to appear because the prosecutor advised the trial court of a trial error that resulted in a mistrial. Thereafter, Gilman appeared and the case was concluded.

¶8The panel found Gilman violated Model Rules of Professional Conduct (MRPC) 1.3 (1991 Kan. Ct. R. Annot. 232) because he failed to act with reasonable diligence and promptness in representing a client; MRPC 1.4 (1991 Kan. Ct. R. Annot. 234) because he did not keep his client reasonably informed and he misinformed his client; and MRPC 8.4(d) and (g) (1991 Kan. Ct. R. Annot. 308) because his conduct was prejudicial to the administration of justice and reflected adversely on his fitness to practice law.

¶9The panel recommended that Gilman be disciplined by public censure pursuant to Rule 203(a)(3) (1991 Kan. Ct. R. Annot. 143).

¶10In mitigation, Gilman has computerized his law office and has submitted, in writing, procedures he has implemented voluntarily to eliminate further docket problems.

¶11Gilman did not file exceptions to the panel report. He appeared personally before this court and, as he has at each level of the proceeding, apologized for his behavior.

¶12Based on the record, we agree with and adopt the panel’s conclusions and recommendations.

¶13It Is, Therefore, Ordered that David R. Gilman be, and he is, hereby publicly censured for his previously enumerated violations of the rules of professional conduct.

¶14It Is Further Ordered that this order shall be published in the Kansas Reports and that the costs herein be assessed to the respondent, David R. Gilman.

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