In a recent December 1, 2023 ruling, the Kansas Supreme Court cleared a part-time lawyer, Tarishawn D.D. Morton of violating disciplinary rules related to false or misleading communications on her website. While the court acknowledged Morton’s use of copied material from another lawyer’s website and statements emphasizing her experience, it found no ethical breaches in these actions.
Website Content and Logos
The court noted that Morton’s website featured material summarizing case law, addressing Kansas domestic relations law questions, and explaining the criminal trial process. Additionally, Morton included logos from bar associations, even though her membership had lapsed. Despite these discrepancies, the court ruled that her actions did not amount to material misrepresentation.
Experience Statements
Morton’s website made various statements about her experience, such as “experience counts,” and described her as an “experienced legal counsel you can trust.” Given the record before them, the court determined that these claims were not demonstrably false. It emphasized that while assertions of experience could be a material misrepresentation in some cases, it was not here.
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Specific Findings
The court outlined specific findings regarding Morton’s case:
Use of Copied Material
The court highlighted that copying material could violate ethical bans on dishonesty, fraud, deceit, or misrepresentation. However, in Morton’s case, there was no evidence to suggest intentional wrongdoing; instead, her use of the material was deemed careless.
Listing Practice Areas
The court also addressed Morton’s listing of practice areas, including “criminal defense” and “personal injury,” along with specific case types. It concluded that there was no indication that Morton claimed to be a specialist in a particular field or falsely represented her experience in handling specific cases.
Censure for Admissions Applications
While the court found no ethics violations related to Morton’s website content, it did criticize her for false statements or omissions on her admissions applications to the Kansas and Colorado bars. Specifically, Morton failed to disclose a job from which she was fired in her 2016 Kansas bar application. He falsely stated that she voluntarily quit that job in her 2019 Colorado bar application.
Morton has not yet responded to requests for comment.
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