Opinion
Bar Docket No. 20256
04-10-2023
In the MATTER OF Brian William COSTELLO, Respondent.
ORDER OF DISBARMENT
This court admitted Brian William Costello to the practice of law in Kansas on October 9, 2001. In a letter signed March 27, 2023, Costello voluntarily surrendered his license to practice law under Supreme Court Rule 230(a) (2023 Kan. S. Ct. R. at 290).
At the time Costello surrendered his license, he faced a hearing before the Kansas Board for Discipline of Attorneys on a formal complaint filed by the Disciplinary Administrator. That complaint alleged Costello had violated Kansas Rules of Professional Conduct 1.3 (2023 Kan. S. Ct. R. at 331) (diligence), 1.4 (2023 Kan. S. Ct. R. at 332) (communication), 1.15 (2023 Kan. S. Ct. R. at 372) (safekeeping property), 1.16 (2023 Kan. S. Ct. R. at 377) (declining or terminating representation), 3.2 (2023 Kan. S. Ct. R. at 390) (expediting litigation), 3.3 (2023 Kan. S. Ct. R. at 390) (candor to the tribunal), 3.4 (2023 Kan. S. Ct. R. at 394) (fairness to opposing party and counsel), 8.1 (2023 Kan. S. Ct. R. at 431) (bar admission and disciplinary matters), 8.2 (2023 Kan. S. Ct. R. at 431) (judicial and legal officials), and 8.4 (2023 Kan. S. Ct. R. at 433) (misconduct). The complaint also alleged Costello had violated Supreme Court Rule 206 (2023 Kan. S. Ct. R. at 255) (attorney registration), and Supreme Court Rule 210 (2023 Kan. S. Ct. R. at 263) (duty to assist; duty to respond; duty to report).
This court accepts the surrender of Costello's license, orders Costello disbarred from the practice of law pursuant to Supreme Court Rule 230(b), and revokes Costello's license and privilege to practice law in Kansas.
The court further orders the Office of Judicial Administration to strike the name of Brian William Costello from the roll of attorneys licensed to practice law in Kansas effective the date of this order.
The court notes that under Rule 230(b)(1)(C), any pending board proceeding or case terminates effective the date of this order. The Disciplinary Administrator may direct an investigator to complete a pending investigation to preserve evidence.
Finally, the court directs that this order be published in the Kansas Reports, that the costs herein shall be assessed to Costello, and that Costello comply with Supreme Court Rule 231 (2023 Kan. S. Ct. R. at 292).