On Thursday, July 20, 2o23, the Supreme Court of Missouri disbarred Kansas City attorney Brian Costello for failure to file either an acceptance or a rejection of the Court’s order of discipline.
The case is entitled “In the Matter of Brian Costello,” and was brought by the Chief Disciplinary Counsel, case #SC100135.
The charges cited Costello’s violations of Rules 4-1.1, 4-1.3, 4-1.4(a)(1)(2), 4-1.15(a), 4-1.15(a)(5), 4-1.16(c)(d), 4-3.2, 4-8.1(c), 4-8.2(a), 4-8.4(c), and 4-8.4(d).
The Missouri Rules of Professional Conduct can be found here.
By an order dated March 28, 2021, the Court suspended Costello on an interim basis pursuant to the Chief Disciplinary Counsel’s motion alleging that there is sufficient evidence to demonstrate probable cause that Costello was guilty of multiple instances of professional misconduct including dishonesty, fraud, deceit or misrepresentation, failure to keep a client reasonably informed and take reasonable steps to protect a client’s interests upon termination of representation.
After the counsel’s motion for a final order of discipline, Costello failed to submit an acceptance or rejection of the decision within the specified deadline of June 8, 2023. Consequently, the disciplinary hearing panel’s decision was considered accepted by both parties, enabling the Supreme Court of Missouri to proceed and issue a final order, resulting in Costello’s disbarment.
The Order reads:
“Now, therefore, it is ordered by this Court that the said Brian Costello be, and he is hereby disbarred, that his right and license to practice law in the State of Missouri is canceled and that his name be stricken from the roll of attorneys in this State.”
In relation to this discipline, Costello was also disbarred by the Supreme Court of Kansas on April 10, 2023, pursuant to Costello’s voluntary surrender of his license and privilege to practice law in Kansas amid a pending hearing on misconduct allegations.
According to his LinkedIn page, Mr. Costello is the President of the Costello Law Group, LLC serving the Kansas City, Missouri area. He attended Texas A&M University. Costello had been licensed to practice in Missouri.
A copy 0f the original filing can be found here.