Brief(1)
S.B. 89 repeals five statutes dealing with the regulation of the conduct of attorneys because the statutes are either obsolete or in conflict with the Model Rules of Professional Conduct for attorneys which has been adopted by the Kansas Supreme Court.
Background
The bill was supported by the Kansas Judicial Council and the Kansas Bar Association. The Civil Code Advisory Committee of the Council studied K.S.A. Chapter 7, Article 1, dealing with the regulation of the practice of law. Many of the provisions of Chapter 7 were enacted during the early years of Kansas' statehood before the promulgation of written ethics codes. However, the Supreme Court now regulates the practice of law by rule and case law. The Model Rules of Professional Conduct, adopted in 1988, set out the general standards of conduct for Kansas attorneys. The Civil Code Advisory Committee's goal was to identify and recommend repeal of any K.S.A. Chapter 7 provision which was in conflict with, or addressed a subject fully covered by, the Model Rules of Professional Conduct or any other Supreme Court Rule.
The following rationale was provided for the repeal of these five statutes.
K.S.A. 7-104 is worded similarly to Supreme Court Rule 116, but is in conflict with the Rule since the Rule allows a nonresident Kansas lawyer to practice in a Kansas court without associating a resident Kansas attorney.
K.S.A. 7-106 provides for treble damages against an attorney who is guilty of deceit, collusion, or bringing a lawsuit without authority. Because K.S.A. 60-211 provides for sanctions against an attorney who brings a suit without a reasonable basis in law and fact, and because current law allows punitive damages for egregious conduct by an attorney, this section is no longer needed.
K.S.A. 7-107 dealing with a court requiring proof of authority to practice law has not been cited by the appellate courts since 1940 and it has little current significance.
K.S.A. 7-111 dealing with grounds for discipline and disbarment was suggested to be repealed since this subject is now fully covered by the Model Rules of Professional Conduct.
K.S.A. 7-121 legalizes the orders for the admission of attorneys into the practice of law from June 1 to 15, 1903. This is simply an obsolete statute.
The bill has no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.