Opinion
January 18, 2001
Kenneth Gerald Torrence was granted the privilege of practicing law in the State of Arkansas by this Court on August 26, 1983. In addition, Mr. Torrence was admitted to practice law by the State Bar of Texas and in the State of Colorado.
In October 1999, the Arkansas Supreme Court Committee on Professional Conduct learned that the State Bar of Texas previously had caused severe lawyer disciplinary sanctions to be imposed on Mr. Torrence. In 1993, the Supreme Court of Texas granted Mr. Torrence's Motion to Resign in Lieu of Disciplinary Action, canceled and revoked his license to practice law in the State of Texas, dropped and deleted his name from the list of persons licensed to practice law in Texas and permanently enjoined and prohibited him from practicing law in the State of Texas. The resignation in lieu of disciplinary action was based upon Mr. Torrence's violation of that jurisdiction's rules governing professional conduct of lawyers. He was found to have engaged in conduct involving an intentional crime as defined by the Texas Rules of Disciplinary Procedure and would warrant disbarment under the Texas Rules of Disciplinary Procedure. In addition, Mr. Torrence's conduct, as described in the resignation in lieu of disciplinary action, violated disciplinary rules involving dishonesty, fraud, deceit, or misrepresentation; conduct constituting obstruction of justice; entering into an agreement for, charging, or collecting an illegal or unconscionable fee; failing to be diligent or competent in his representation of clients; failing to abide by the scope and objectives of his representation of clients; and commingling funds withheld for medical provider of a client and converting and misappropriating those funds to his own use and benefit.
On August 6, 1999, the Presiding Disciplinary Judge for the Supreme Court of the State of Colorado entered an Order disbarring Mr. Torrence from the practice of law effective September 6, 1999. The Order was based, in part, upon Mr. Torrence's resignation in lieu of being disbarred in the State of Texas. The Order reflects that Mr. Torrence had an obligation to report the revocation of his Texas license to practice law to the Colorado Supreme Court Office of Disciplinary Counsel but failed to do so.
On September 5, 2000, pursuant to the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law, Section 7M, Disbarment Reciprocal, the Committee on Professional Conduct filed with the Court its petition seeking reciprocal disbarment of Mr. Torrence in this jurisdiction. Mr. Torrence was duly served with the Petition and notice of the time in which he could submit a response to the Court. On the last date permitted for filing of a response, the attorney filed a document requesting additional time to respond to the Petition. On December 7, 2000, this Court denied Mr. Torrence's request for an extension of time to file an answer.
From the record before it, the Court finds that Mr. Torrence's voluntary resignation from State Bar of Texas while disciplinary charges were pending against him is that State's equivalent of this jurisdiction's voluntary surrender of law license in lieu of disbarment, and that his resignation in Texas is properly a disbarment for purposes of reciprocal disbarment in Arkansas. In addition, we find that the Order of Disbarment in the State of Colorado is also properly a disbarment for purposes of reciprocal disbarment in Arkansas. Further, the respondent attorney was duly served with the Committee's petition containing the pertinent, certified copies of the Texas and Colorado disciplinary proceedings reflecting the serious misconduct found to have been committed in those States, and he failed to timely contest the Committee's petition for reciprocal disbarment.
The petition of the Committee on Professional Conduct is granted.
Kenneth Gerald Torrence's license to practice law in the State of Arkansas is hereby revoked. Mr. Torrence's name shall be removed from the registry of licensed attorneys, and he is barred from engaging in the practice of law in this state.
It is so ordered.