May 11, 2015
OFFICE OF DISCIPLINARY COUNSEL, Petitioner
KEVIN MARK KALLENBACH, Respondent Nos. 21 DB 2013, 150 DB 2013
Erie County Attorney Registration No. 48490
AND NOW, this 11th day of May, 2015, upon consideration of the Report and Recommendations of the Disciplinary Board dated February 26, 2015, it is hereby
ORDERED that Kevin Mark Kallenbach be suspended from the practice of law for a period of one year and one day, that the suspension be stayed in its entirety and that he be placed on probation for a period of two years, subject to the following conditions:
1. Patricia J. Kennedy, Esq., is hereby appointed to serve as Respondent's practice monitor.
2. The practice monitor shall do all of the following during the period of Respondent's probation:
a. Periodically examine Respondent's law office organization and procedures to ensure that Respondent has kept his clients informed about the status of their matters, has replied to client requests for information in a timely and honest manner, has worked on cases in a reasonably prompt and diligent manner, has filed documents with the Court in a timely manner as required to protect his clients' interests, and has provided clients with written fee agreements as required by RPC 1.5(b).
b. Meet with Respondent at least monthly to examine Respondent's progress towards satisfactory and timely completion of clients' legal matters, verification of deadlines, progress on cases, and regular client contact;
c. File quarterly written reports on a Board approved form with the Secretary of the Board; and
d. Immediately report to the Secretary any violations of the terms and conditions of probation.
3. Respondent shall undergo a mental health evaluation and begin any treatment as indicated by such evaluation.
4. Respondent shall submit a copy of the mental health evaluation to the Secretary of the Board within five (5) days after receipt of the evaluation.
It is further ORDERED that the expenses incurred in the investigation and prosecution of this matter are to be paid by the Respondent.
Justices Baer and Stevens dissent, and would suspend Respondent for 90 days for these disciplinary infractions, his third and fourth, to be followed by two years' probation with a practice monitor.