Attorney Disbarred for Practicing Law While Retired

The Supreme Court of Kansas disbars an attorney for continuing to practice law while registered as "retired" as a result of previous disciplinary action. In Matter of Thomas O. Rost (Kan., No. 101,746, July 17, 2009).

Thomas Rost, an attorney admitted to the Kansas bar in 1966, registered as a retired attorney in 2005 in order to resolve three pending disciplinary complaints. As part of Attorney Rost's settlement with the Disciplinary Administrator, he also agreed to sell his practice to another attorney, Eric Kjorlie. Attorneys Rost and Kjorlie agreed that Attorney Kjorlie would pay for the practice by remitting one-half of the legal fees generated from Attorney Rost's former clients back to Attorney Rost.

After "selling" his practice to Attorney Kjorlie, Attorney Rost changed the sign on his office from "Rost & Rost Attorneys at Law" to "Rost & Rost Consulting, Incorporated" but continued to meet with clients as a "paralegal." Attorney Rost also continued to file motions with the court under his name and bar admission number, sent correspondence on his attorney letterhead, and accompanied former clients to court in the presence of another attorney as a "consultant." When the Disciplinary Administrator filed a complaint against Attorney Rost for continuing to practice law as a retired attorney, Attorney Rost claimed, among other things, that the court had no authority to regulate retired attorneys and that the limits on retired attorneys were unconstitutional.

The Supreme Court of Kansas disbars Attorney Rost, finding that "[i]mposing a sanction of disbarment will clarify Rost's status, both for him and for his clients." The court rejects Attorney Rost's argument that the court cannot regulate retired attorneys, calling his logic circular and comparing him to a suspended attorney "because he avoided the potential of being placed on that status by agreeing to retire and cease practicing law. He was just as obligated to refrain from the practice of law as if he had been formally suspended."

For the full text of this decision, go to: https://www.kscourts.org/Cases-and-Opinions/opinions/supct/2009/20090717/101746.htm

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