In re Jantz

This is an original attorney discipline
proceeding, filed by Bruce E. Miller, Disciplinary Administrator,
against Frederick M. Jantz, of Garnett, Kansas, an attorney duly
admitted and licensed to practice law in the State of Kansas. The
facts are not disputed. On May 4, 1987, Jantz deposited $8,534.61 in his attorney trust
account at the Garnett State Savings Bank. This money had come to
the attorney through protracted litigation and was to be held for
his client, the John Deere Company, until various other aspects
of the lawsuit were resolved. Jantz later withdrew the funds from
his trust account and converted them to his personal use. This
conduct was concealed from the client. Judge James J. Smith
questioned Jantz on October 7, 1987, concerning the John Deere
funds and Jantz told the judge that he had two trust accounts. On
October 29, 1987, Judge Smith again questioned Jantz and Jantz at
first provided a satisfactory explanation. Later during that
conversation, however, Jantz admitted that he did not have the
client's money in any account. Judge Smith advised Jantz that
these matters would be reported to the county attorney and to the
disciplinary administrator. Judge Smith's letter to the
disciplinary administrator, dated that same date, forms the basis
for this proceeding.