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In re Oglevie

Citations: 244 Kan. 728; 771 P.2d 930; 1989 Kan. LEXIS 72Docket: No. 63,134

Court: Supreme Court of Kansas; April 14, 1989; Kansas; State Supreme Court

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An original disciplinary proceeding was initiated by the Office of the Disciplinary Administrator against attorney Thomas R. Oglevie from Goodland, Kansas, concerning three counts of misconduct under the Kansas Code of Professional Responsibility. 

In Count I, the panel determined that Oglevie misrepresented his ability to collect an account on behalf of client Edmund R. Bergin. Count II involved Oglevie's actions while representing Bergin in a divorce case; he collected payments for Bergin Tire, Inc. but improperly applied these funds to his divorce fee without authorization. He also failed to account for certain checks and returned money orders made payable to Bergin Tire, Inc. without notifying them.

Count III revealed that while collecting accounts for Bergin Tire, Inc., Oglevie filed a civil action against the company on behalf of AMF, Inc., despite being aware of a conflict of interest. 

The panel found clear and convincing evidence of violations of multiple disciplinary rules, including DR 1-102(A)(4) and (6), DR 9-102(A)(2) and (B)(1), DR 5-101(A), and DR 5-105(A). They unanimously recommended public censure for Oglevie, and he did not contest the panel's report, requesting the court to accept their recommendation. The court reviewed the findings, accepted the panel's conclusions, and ordered public censure, noting that the order would be published in the official Kansas Reports, with costs assessed to Oglevie.