On December 9, 2022, the Supreme Court of the State of Kansas suspended Independence attorney, Troy J. Leavitt for failing to report prior informal admonishment from the State of Missouri to the Disciplinary Administrator’s Office.

The charges cited Kansas rules of professional conduct 1.3, 1.4, 8.2, 8.3 which states:

The respondent failed to exercise the required level of diligence in that he failed to promptly respond to the motion to dismiss, the motion for attorney fees, and only filed an amended parenting plan, believing that filing the amended parenting plan, would render the Motion to Dismiss moot. Additionally, there was an actual injury to his client when the client’s action was dismissed due to the respondent’s lack of diligence. 

The respondent failed to adequately and promptly communicate the status of the case and the judge’s adverse ruling. 

The respondent’s statements to his client describing the judge as ‘ rogue ‘ were false or made with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge. 

The respondent failed to report that he had engaged in conduct that constituted misconduct when he did not report his 2017 informal admonition in Missouri

This complaint started from the discipline imposed on the Respondent from Missouri for the representation of a client in a paternity matter involving custody and child support. Missouri Supreme Court suspended Leavitt’s license to practice law for one year. 

The filing states:

‘In between text messages on that Saturday, the respondent and [client/father) had a series of phone calls during which the respondent lost his temper and made profane and disrespectful statements directed towards [client/father), such as “When I tell you to fucking jump, you better fucking jump.”. Another text from the respondent to [client/father] indicated that 99% of the blame was on [client/ father] for failing to appear for the case management conference or attend counseling, without discussing the respondent’s lack of response to the motion or that respondent had “mistakenly failed to file” an Amended Parenting Plan. 

Respondent’s communications on that day not only attempted to shift the blame away from himself but also suggested that [client/father] did not care about his children and also unfairly suggested that [client/father] was acting like he was too important to be bothered with the situation while working from out-of-town. Another text message from the respondent to [client/father] on December 8, 2018, stated: “I will fire you.”

On January 12, 2021, the Missouri hearing panel issued its decision, accepting the parties ‘ stipulation and joint recommendation for discipline. The Missouri hearing panel acknowledged the respondent took full responsibility for his actions. The Missouri Supreme Court suspended the respondent’s license to practice law for one year for violating the Missouri Rules of Professional Conduct Rule 4-1.3 (diligence), Rule 4-1.4 (communication), Rule 4-8.2 (judicial and legal officials), and Rule 4-8.4(d) (misconduct prejudicial to the administration of justice). After the Missouri Supreme Court placed the respondent on probation, the Missouri disciplinary counsel reported the respondent’s 2021 misconduct to the disciplinary administrator’s office.

The Disposition states:

“It is therefore Ordered that Troy J. Leavitt is disciplined by a one-year suspension in accordance with Supreme Court Rule 225(a)(3) ( 2022 Kan. S. Ct. R. at 281 ) and that his suspension stays pending successful participation and completion of a probation period of one year, which will begin upon the filing date of this opinion. Probation will be subject to the terms set out in the plan of probation referenced in the parties’ Summary Submission Agreement.” 

As of today, Mr. Leavitt is listed on the website of the law firm Troy J. Leavitt Law Firm as a practicing attorney. His info can be found on Linkedin. He attended UMKC Law SchoolLeavitt practices in Independence, Missouri. He is licensed in Kansas and as well in Missouri. 

A copy of the original filing can be found here.