Professional Documents
Culture Documents
OFFICE OF
THE DISCIPLINARY ADMINISTRATOR
I have reviewed the allegations of misconduct included in your December 25, 2018 letter
reporting attorney Sean McElwain. Mr. McElwain is representing Capital One Bank in a
Crawford County District Court civil action seeking collection of a debt from you.
In your letter, you report several concerns with the attorney's role in the litigation. Your
concerns, though, largely involve substantive claims in defense of Capital One's efforts
to obtain a judgment. Our office is not a substitute for the court. Allegations of error by a
creditor seeking to collect a debt are better resolved in the proper forum, the court, and
not in the disciplinary process.
One of your claims alleges that the attorney has engaged in misconduct by not providing
the Office of Attorney Registration with more than one phone number. The allegation
does not implicate the Kansas Rules of Professional Conduct.
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~aird
Deputyj Disciplinary Administrator
KFB:kll