Saturday, May 28, 2022

Oskaloosa lawyer suspended after Court finds lack of competence, rule violations


By Sarah Motter

TOPEKA, Kan. (WIBW) - An Oskaloosa lawyer has been suspended from the practice of law for two years after the Kansas Supreme Court found she violated various rules and made false statements that challenged a judge’s integrity.

The Kansas Supreme Court says in the matter of Donna L. Huffman, it has suspended her from the practice of law for two years with the possibility of probation after 90 days.

The Court noted that the Kansas Board for Discipline of Attorneys found that Huffman violated various Kansas Rules of Professional Conduct while she represented clients in a mortgage dispute.

According to court records, the case dealt with a husband and wife couple after a loan was obtained to purchase their home. However, when the loan was refinanced and closed, the husband never actually signed closing documents while the loan was mistakenly considered closed by the bank. Eventually, the couple sued and as the bank attempted to foreclose the property, it was held off due to the pending litigation. 

During this case, the Court found that Huffman demonstrated a lack of competence as a litigator as she consistently filed late pleadings, failed to follow the rules, was unable to abide by the court request that she stop raising issues already resolved, was unable to supply documents requested by the court, filed clearly meritless claims, did not understand the legal concept of res judicata and made arguments to the Court of Appeals that were “woefully inadequate, made no sense and was hard to follow,” and was “unsupported by the record.”

The Court also found that Huffman violated rules when she opened a new lawsuit based on the facts of a pending lawsuit and continued to file and amend responsive pleadings after the case had been dismissed and repeatedly sought reconsideration of previously decided matters.

Court records indicate that Huffman further violated the rules of the court as she repeatedly relitigated previously decided issues and made false statements that challenged the judge in the case’s integrity.

Therefore, the Court said it ordered Huffman to be suspended for two years, however, the suspension could be stayed after 90 days if she enters a practice supervision plan approved by the Disciplinary Administrator’s office which will cover the remaining period of time. 

To read the Court’s full opinion, click HERE.

Full Article & Source:
Oskaloosa lawyer suspended after Court finds lack of competence, rule violations 

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