KEMPTON & RUSSELL ROBERT G. RUSSELL 114 East Fifth Street ...

ARGUMENT
II.
THE SUPREME COURT SHOULD SUSPEND RESPONDENT
FROM THE PRACTICE OF LAW AND PLACE HIM ON
PROBATION FOR THREE YEARS IN THAT SUSPENSION IS THE
APPROPRIATE SANCTION FOR RESPONDENT’S
PROFESSIONAL MISCONDUCT AND HE IS OTHERWISE
ELIGIBLE FOR PROBATION UNDER RULE 5.225.
Respondent generally agrees with the argument of the informant that Respondent
should be suspended and placed on probation. Respondent commingled funds and used
account funds to pay for his own personal expenses. He has admitted this and the
question has always been what is the proper discipline given Respondent’s prior
disciplinary history.
Respondent was trained as a biochemist. Tr. 74. He went to law school to
become a patent attorney expecting to work for a law firm or the U.S. Patent Office. Tr.
75, 76. When he decided he did not want to do patent work he didn’t have a job. He
answered an ad in the Kansas City Star and was hired at the Holliday Law Firm. Tr. 77.
He received no positive trust account training there and in fact learned and believed that
personal injury settlement cases were exempt from trust account rules. Tr. 78, 79. When
the FBI began investigating Mr. Holliday, Respondent left and started working out of his
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