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IN RE NELSON5/27/1994
This original proceeding in discipline was filed by the office of the Disciplinary Administrator against Bryan E. Nelson, of Overland Park, Kansas, an attorney admitted to the practice of law in the state of Kansas. The formal complaints filed against the respondent consist of four counts and allege violations of MRPC 1.4 (1993 Kan. Ct. R. Annot. 267); MRPC 1.15 (1993 Kan. Ct. R. Annot. 299); MRPC 3.3 (1993 Kan. Ct. R. Annot. 314); MRPC 4.1 (1993 Kan. Ct. R. Annot. 327); and MRPC 8.4(a), (b), (c), (d), and/or (g) (1993 Kan. Ct. R. Annot. 347). The respondent filed an answer admitting and denying allegations contained in the formal complaint.
A hearing before the panel of the Kansas Board for Discipline of Attorneys was held November 19 and December 6, 1993, at the Kansas Judicial Center in Topeka, Kansas. Disciplinary Administrator Bruce E. Miller appeared in person and the respondent appeared in person and proceeded pro se. The panel made the following findings and conclusions:
"COMPLAINT NO. B4845 — COUNT I
FINDINGS OF FACT
"We find the following facts and conclusions were established by clear and convincing evidence as to this charge.
"1. Bryan E. Nelson, is an attorney at law, Kansas Attorney Registration No. 09344. His last registration address with the Clerk of the Appellate Courts> of Kansas is 6900 College Boulevard, Suite 430, Overland Park, Kansas 66211.
"2. On September 10, 1992, Respondent pled guilty to attempted possession of cocaine, a class D. felony.
"3. As a result of Respondent's conviction, he was sentenced to a prison term of one and one-half (1 1/2) to five (5) years. Although Respondent has appealed his sentence, he has not appealed his conviction.
"4. Respondent was imprisoned from December 15, 1992, to March 23, 1993. He was granted probation on or about March 23, 1993.
"5. While in prison, on or about March 8, 1993, Respondent's license to practice law was temporarily suspended by the Kansas Supreme Court pending final resolution of these disciplinary proceedings.
"6. Since February 1990, Respondent has been undergoing random urinalysis tests. All tests have been negative for illegal substances.
"7. Herbert C. Modlin, M.D., testified that he believes Respondent has completely recovered from his previous drug abuse and/or addiction.
"8. Respondent's legal competence of law and procedure are not in question. He is an extremely knowledgeable litigator. Moreover, many witnesses and testimonial letters, as to Respondent's outstanding legal abilities, were introduced and admitted into evidence during the hearing.
"CONCLUSIONS OF LAW
"We conclude the following law is applicable to this charge.
"RULE 8.4 Misconduct
"It is professional misconduct for a lawyer to:
. . .
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
. . .
(d) engage in conduct that is prejudicial to the administration of justice;
. . .
(g) engage in any other conduct that adversely reflects on the lawyer's fitness to practice law.
"We conclude Respondent's actions violate MRPC Subsections 8.4(b), (d), and (g).
"COUNT II
"FIND
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