Professional Documents
Culture Documents
I have reviewed the allegations in your letter of complaint against attorney, Sean
McElwain. It appears that Mr. McElwain represents a creditor seeking
enforcement of a debt against you. You allege that the attorney has violated
KRPC 3.1 by filing a frivolous claim. You also refer to several other rules,
identifying at least 12 that you believe are implicated by the attorney's conduct.
Several refer to obligations that an attorney owes to a client, rather than to an
opposing party.
Our office is not a substitute for the court. The merits of this action must be
resolved in court and not in the disciplinary process. If the court determines that
the attorney has engaged in misconduct in seeking enforcement of this obligation
then disciplinary inquiry might follow. The complaint is dismissed at this time
pursuant to the authority granted in Supreme Court Rule 209.
e:F~Y
Deputy Disciplinary Administrator
KFB/sg