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Response Regarding Complaint Against Kansas Attorney Sean Allen McElwain - April 17th, 2018

The document is a letter from the Deputy Disciplinary Administrator dismissing a complaint filed against attorney Sean McElwain. The complainant, Matthew Schwob, alleged that McElwain filed a frivolous claim in representing a creditor seeking to enforce a debt against Schwob. However, the Administrator determined the merits of the legal action must be resolved in court, not through the disciplinary process, and dismissed the complaint.

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281 views1 page

Response Regarding Complaint Against Kansas Attorney Sean Allen McElwain - April 17th, 2018

The document is a letter from the Deputy Disciplinary Administrator dismissing a complaint filed against attorney Sean McElwain. The complainant, Matthew Schwob, alleged that McElwain filed a frivolous claim in representing a creditor seeking to enforce a debt against Schwob. However, the Administrator determined the merits of the legal action must be resolved in court, not through the disciplinary process, and dismissed the complaint.

Uploaded by

Conflict Gate
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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STATE OF KANSAS

STANTON A. HAZLETT 701 SW Jackson St.


Disciplinary Administrator Floor
zst
KIMBERLY L. KNOLL Topeka, Kansas 66603-3729
KATE F. BAIRD Telephone: (785) 296-2486
DEBORAH L. HUGHES Fax: (785) 296-6049
PENNY R. MOYLAN
MATTHEW J. VOGELSBERG GAYLE B. LARKIN
DANIELLE M. HALL Admissions Attorney
Deputy Disciplinary Administrators
OFFICE OF
THE DISCIPLINARY ADMINISTRATOR

April 17, 2018

Mr. Matthew Schwob


1822 JF Kennedy
Pittsburg, Kansas 66762

Re: Complaint - Sean McElwain

Dear Mr. Schwob:

I have reviewed the allegations in your letter of complaint against attorney, Sean
McElwain. It appears that Mr. McElwain represents a creditor seeking
enforcement of a debt against you. You allege that the attorney has violated
KRPC 3.1 by filing a frivolous claim. You also refer to several other rules,
identifying at least 12 that you believe are implicated by the attorney's conduct.
Several refer to obligations that an attorney owes to a client, rather than to an
opposing party.

Our office is not a substitute for the court. The merits of this action must be
resolved in court and not in the disciplinary process. If the court determines that
the attorney has engaged in misconduct in seeking enforcement of this obligation
then disciplinary inquiry might follow. The complaint is dismissed at this time
pursuant to the authority granted in Supreme Court Rule 209.

Very truly yours,

e:F~Y
Deputy Disciplinary Administrator

KFB/sg

cc: Sean McElwain

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