In the Matter of Kevin Peter Shepherd

• Decision Date: 02 May 2011
• Docket Number: No. 102,925.,102,925.
• Citation: 292 Kan. 189,254 P.3d 1262
• Parties: In the Matter of Kevin Peter SHEPHERD, Respondent.
• Court: Kansas Supreme Court

292 Kan. 189

254 P.3d 1262

In the Matter of Kevin Peter SHEPHERD, Respondent.

No. 102,925.

Supreme Court of Kansas.

May 2, 2011.

ORDER OF REINSTATEMENT

On November 25, 2009, this court suspended the respondent, Kevin Peter Shepherd, from the practice of law in Kansas for a period of 3 years. See In re Shepherd, 289 Kan. 1116, 220 P.3d 359 (2009). In its opinion, the court permitted the respondent to request that the order of suspension from the practice of law be lifted after 1 year if the respondent complied with certain conditions.

On November 30, 2010, the respondent filed a motion to suspend the imposition of the remaining 2 years of suspension from the practice of law. The motion was referred to the Disciplinary Administrator for investigation. On December 7, 2010, the Disciplinary Administrator filed a response to the respondent's motion. In the response, the Disciplinary Administrator acknowledged that the respondent fully complied with the orders in the court's November 25, 2009, opinion. The Disciplinary Administrator approved the respondent's plan of probation and did not object to the respondent's request to be placed on probation.

The court, after carefully considering the record, grants the respondent's motion to suspend the remaining 2 years of suspension from the practice of law in Kansas and places the respondent on probation for the remainder of the suspension term subject to the following terms and conditions:

1. Therapy. The respondent shall continue his current therapy with Dr. Steve Lerner. The respondent shall provide Dr. Lerner with an appropriate release of information necessary to allow Dr. Lerner to provide such information to the Disciplinary Administrator. The treatment shall continue throughout the period of supervised probation unless Dr. Lerner deems treatment is no longer necessary. Dr. Lerner shall notify the Disciplinary Administrator in the event that respondent discontinues treatment against his recommendation. Dr. Lerner shall make quarterly reports to the Disciplinary Administrator regarding the respondent's diagnosis, current treatment plan, compliance with current treatment plan, and prognosis.

2. Medication. In the event it becomes necessary for the respondent to take medication, the respondent shall have regular contact with a qualified medical professional regarding the medication. The respondent shall follow the qualified medical professional's recommendation regarding the prescribed medications.

3. Practice Limitation. The respondent's practice shall be limited to domestic relations cases, criminal defense cases, and cases that are related to criminal defense, including driver's license suspension and drug tax cases. The respondent shall not engage in the practice of law in any other areas of practice.

4. Practice Supervision. The respondent's practice shall be supervised by a practice supervisor. Terry Beck, a licensed attorney in good standing, is hereby designated to supervise the respondent's practice. The respondent shall allow the practice supervisor access to his files, calendar, operating account records, and trust account records. The respondent shall comply with any request made by the practice supervisor. The respondent shall meet with the practice supervisor on a weekly basis. During these meetings the respondent and the practice supervisor shall review all new cases, all upcoming deadlines, court appearances, and fee agreements. Further, the respondent and the practice supervisor shall review the respondent's schedule for the following week to ensure that proper notice has been provided, that the respondent is thoroughly prepared for the representation, and that the file is properly updated. The practice supervisor shall provide the Disciplinary Administrator with a detailed monthly report regarding the respondent's status on probation. The respondent shall add the practice supervisor's name to his attorney trust account as a signatory. All trust account checks and transfers shall require the signature of the respondent and the practice supervisor.

5. File Audits. The practice supervisor shall conduct an audit of the respondent's files within 60 days of the date of this order. Thereafter, the practice supervisor shall conduct audits every 6 months throughout the period of supervision. After each audit, the practice supervisor shall provide a detailed report of the audit to the respondent and the Disciplinary Administrator. If the practice supervisor discovers any violations of the Kansas Rules of Professional Conduct, the practice supervisor shall immediately notify the respondent and the Disciplinary Administrator. Additionally, the practice supervisor shall include that information in the detailed report. The...