On Friday, July 14, 2023, the Idaho Supreme Court accepted the resignation of Boise attorney Kevin M. Rogers on July 17, 2023, ending disciplinary proceedings over Rogers’ violation of a court order in a client’s civil case involving allegedly stolen gold coins worth nearly $5 million.
The charges cited Idaho Rules of Professional Conduct 1.2(d), 1.4(a)(5), 3.4(c), 8.4(b), 8.4(c)(d), 1.15(a)(d) which states:
A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal, including criminal contempt.
A lawyer shall consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
A lawyer shall not knowingly disobey an obligation under the rules of a tribunal.
It is professional misconduct for a lawyer to commit a criminal act, such as criminal contempt, that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
It is professional misconduct for a lawyer to engage in conduct involving misrepresentation.
It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.
A lawyer shall hold the property of clients or third persons that is in the lawyer’s possession in connection with a representation in a separate account.
Upon receiving funds in which a client or third person has an interest, a lawyer shall promptly notify the client or third person.
The Rules of Professional Conduct can be found here.
Rogers had represented a client, R.J., who was sued for allegedly taking nearly $5 million in gold coins from his employer. In August 2019, the court prohibited R.J. and his attorneys from selling R.J.’s real estate or transferring over $1,000 from his bank accounts without approval.
Rogers then assisted R.J. in demanding his nephew, a co-owner of one property, repay R.J.’s personal loan that the nephew used to buy the property. The nephew paid R.J. $23,000 for R.J.’s share. As the Court’s order states:
“Mr. Rogers notarized R.J.’s signature on that quitclaim deed and corresponded with the title company about receiving the $23,000 check…Before he deposited that check into his trust account, Mr. Rogers issued a $23,000 check drawn on his trust account, payable to R.J.’s father.”
Rogers did not inform the court of the property transfer or payment. Opposing counsel discovered it in January 2021 and filed contempt motions against Rogers and R.J. Though Rogers said he misunderstood R.J.’s interest in the property, the court found both in contempt and fined them.
In the disciplinary case, Rogers admitted violating rules on assisting criminal conduct, communicating with clients, disobeying court orders, trust account management, and conduct prejudicial to justice. The Supreme Court accepted his resignation with conditions. Per the order:
“Mr. Rogers may not make application for admission to the Idaho State Bar sooner than five (5) years from the date of his resignation.”
The order strikes Rogers’ name from the Court’s records and terminates his license to practice in Idaho as of July 14, 2023.
The Decision states:
“The Idaho Supreme Court accepted Mr. Rogers’ resignation in lieu of disciplinary proceedings. By the terms of the Order, Mr. Rogers may not make an application for admission to the Idaho State Bar sooner than five (5) years from the date of his resignation. If he does make such an application for admission, he will be required to comply with all the bar admission requirements in Section II of the Idaho Bar Commission Rules and shall have the burden of overcoming the rebuttable presumption of the “unfitness to practice law.”
Mr. Rogers practices in Boise, Idaho. He is licensed in Idaho. His info can be found on avvo.com.
A copy of the original filing can be found here.