In re Shepherd

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IN THE SUPREME COURT OF THE STATE OF KANSAS

No. 102,925

In the Matter of KEVIN PETER SHEPHERD,
Respondent.

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
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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
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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 respondent shall immediately
comply with all recommendations and correct all deficiencies noted in the
practice supervisor's periodic audit reports.

6. Office Procedures. Within 10 days of this order, the respondent shall provide
the Disciplinary Administrator and the practice supervisor with a set of written
office procedures designed to monitor the status, deadlines, and court
appearances of all matters in which he has undertaken representation. The
office procedures shall include detailed information regarding the filing
system, calendaring systems, and methods to respond to oral, telephonic,
written, and electronic communications from clients. The Disciplinary
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Administrator and practice supervisor shall review the written office
procedures and determine whether the office procedures are appropriate and
sufficient. The respondent shall immediately comply with all recommendations
and correct all deficiencies in the office procedures as determined by the
Disciplinary Administrator or practice supervisor. The respondent shall comply
with all written office procedures, as approved by the Disciplinary
Administrator and practice supervisor.

7. Communications. The respondent shall attempt to respond to oral, telephonic,
written, and electronic communications the same business day. All oral,
telephonic, written, or electronic communications shall be answered within 3
business days.

8. Practice Supervisor. The practice supervisor shall be acting as an officer and
agent of the court while supervising the respondent's practice. The practice
supervisor shall be afforded all immunities granted by Supreme Court Rule
223 (2010 Kan. Ct. R. Annot. 384) during the course of his activities pursuant
to this order.

9. Cooperation. The respondent shall continue to cooperate with the Disciplinary
Administrator. If the Disciplinary Administrator requires any further
information, the respondent shall timely provide such information.

10. Professional Liability Insurance. The respondent shall continue to maintain
professional liability insurance.

11. Additional Violations. The respondent shall not violate the terms of his
probation or the provisions of the Kansas Rules of Professional Conduct. In the
event the respondent violates any terms or conditions of his probation or any of
the provisions of the Kansas Rules of Professional Conduct during the period
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of supervision, the respondent, practice supervisor, and the Disciplinary
Administrator shall comply with Supreme Court Rule 211(g)(9)-(12) (2010
Kan. Ct. R. Annot. 327).

IT IS THEREFORE ORDERED that the respondent's motion be granted and that
the respondent's license to practice law in Kansas be reinstated, conditioned upon his
compliance with the annual continuing legal education requirements and upon his
payment of all fees required by the Clerk of the Appellate Courts. Upon proof provided to
the Clerk of the Appellate Courts that the respondent has complied with the annual
continuing legal education requirements and has paid the fees required by the Clerk of the
Appellate Courts, the Clerk is directed to enter respondent's name upon the roster of
attorneys engaged in the practice of law in the state of Kansas, subject to the above terms
and conditions of supervised probation. The terms and conditions of supervised probation
will continue until the conclusion of the respondent's original 3-year suspension period.

IT IS FURTHER ORDERED that this order shall be published in the official
Kansas reports and that the costs of the reinstatement proceeding be assessed to the
respondent.

DATED this 2nd day of May, 2011.