Kansas Statutes

Chapter 7: Attorneys At Law

Article 1: General Provisions

Statutes:

• 7-101:
• 7-102:
• 7-103: Rules for admission, discipline and disbarment.
• 7-104:
• 7-105:
• 7-106:
• 7-107:
• 7-108: Attorney's lien; notice.
• 7-109: Same; amount of lien.
• 7-110:
• 7-111:
• 7-112:
• 7-113:
• 7-114:
• 7-115:
• 7-116:
• 7-117:
• 7-118:
• 7-119, 7-120:
• 7-121:
• 7-121a:
• 7-121b: Attorney fees in damage actions for acts or omissions of health care providers; approval; definitions.
• 7-127: Applicants for admission to practice law; fingerprints; criminal history record check.

• 7-101:

        History:   G.S. 1868, ch. 11, § 1; R.S. 1923, § 7-101; Repealed, L. 1951, ch. 99, § 1; June 30.

• 7-102:

        History:   G.S. 1868, ch. 11, § 2; L. 1903, ch. 64, § 1; L. 1905, ch. 67, § 1; R.S. 1923, § 7-102; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-103: Rules for admission, discipline and disbarment. (a) The supreme court of this state may make such rules as it may deem necessary for the examination of applicants for admission to the bar of this state and for the discipline and disbarment of attorneys.

        (b)   The supreme court of this state may allow persons who have been granted and hold a juris doctorate degree or bachelor of laws degree from the president's law school to apply seeking admission to the bar of this state. Such applicants shall satisfy all other qualifications and examinations as established by supreme court rule.

        History:   G.S. 1868, ch. 11, § 3; L. 1903, ch. 64, § 2; L. 1905, ch. 67, § 2; R.S. 1923, § 7-103; L. 1968, ch. 303, § 1; L. 2005, ch. 197, § 2; July 1.

• 7-104:

        History:   G.S. 1868, ch. 11, § 4; R.S. 1923, § 7-104; L. 1935, ch. 69, § 1; L. 1939, ch. 83, § 1; L. 1947, ch. 94, § 1; L. 1977, ch. 26, § 1; Repealed, L. 1999, ch. 89, § 1; July 1.

• 7-105:

        History:   G.S. 1868, ch. 11, § 5; R.S. 1923, § 7-105; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-106:

        History:   G.S. 1868, ch. 11, § 6; R.S. 1923, § 7-106; Repealed, L. 1999, ch. 89, § 1; July 1.

• 7-107:

        History:   G.S. 1868, ch. 11, § 7; R.S. 1923, § 7-107; Repealed, L. 1999, ch. 89, § 1; July 1.

• 7-108: Attorney's lien; notice. An attorney has a lien for a general balance of compensation upon any papers of his or her client which have come into the attorney's possession in the course of his or her professional employment, upon money in the attorney's hands belonging to the client, and upon money due to the client and in the hands of the adverse party, in any matter, action or proceeding in which the attorney was employed, from the time of giving notice of the lien to the party; such notice must be in writing, and may be served in the same manner as a summons, and upon any person, officer or agent upon whom a summons under the laws of this state may be served, and may also be served upon a regularly employed salaried attorney of the party.

        History:   G.S. 1868, ch. 11, § 8; L. 1905, ch. 68, § 1; March 21; R.S. 1923, § 7-108.

• 7-109: Same; amount of lien. Where any judgment has or may be collected or paid to the clerk of any court rendering the same, on execution or otherwise, upon which an attorney's lien is claimed, the court in which such judgment was or is rendered may in term-time, or the judge of said court at chambers, without formal pleadings, on application of any party interested, determine the amount due on said attorney's lien, if any, and make an order for the distribution of said moneys according to the respective rights of the parties. Upon receipt of such order, the clerk shall make such distribution. Notice of such application and the time and place of such hearing shall be served on the opposite party at least five days prior to the time named in the notice for the hearing.

        History:   G.S. 1868, ch. 11, § 9; L. 1903, ch. 65, § 1; Feb. 28; R.S. 1923, § 7-109.

• 7-110:

        History:   L. 1913, ch. 64, § 1; R.S. 1923, § 7-110; Repealed, L. 1933, ch. 71, § 1; June 5.

• 7-111:

        History:   L. 1913, ch. 64, § 2; R.S. 1923, § 7-111; L. 1968, ch. 303, § 2; Repealed, L. 1999, ch. 89, § 1; July 1.

• 7-112:

        History:   L. 1913, ch. 64, § 3; R.S. 1923, § 7-112; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-113:

        History:   L. 1913, ch. 64, § 4; R.S. 1923, § 7-113; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-114:

        History:   L. 1913, ch. 64, § 5; R.S. 1923, § 7-114; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-115:

        History:   L. 1913, ch. 64, § 6; R.S. 1923, § 7-115; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-116:

        History:   L. 1913, ch. 64, § 7; R.S. 1923, § 7-116; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-117:

        History:   L. 1913, ch. 64, § 8; R.S. 1923, § 7-117; L. 1957, ch. 54, § 1; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-118:

        History:   L. 1913, ch. 64, § 9; R.S. 1923, § 7-118; L. 1957, ch. 55, § 1; Repealed, L. 1968, ch. 303, § 3; March 27.

• 7-119, 7-120:

        History:   G.S. 1868, ch. 11, §§ 17, 18; R.S. 1923, §§ 7-119, 7-120; Repealed, L. 1987, ch. 39, § 1; July 1.

• 7-121:

        History:   R.S. 1923, § 7-121; Repealed, L. 1999, ch. 89, § 1; July 1.

• 7-121a:

        History:   L. 1956, ch. 52, § 6; L. 1957, ch. 431, § 5; L. 1963, ch. 398, § 18; Repealed, L. 1973, ch. 129, § 9; July 1.

• 7-121b: Attorney fees in damage actions for acts or omissions of health care providers; approval; definitions. (a) Subject to subsection (b) of K.S.A. 40-3411 and amendments thereto, whenever a civil action is commenced by filing a petition or whenever a pleading states a claim in a district court for damages for personal injuries or death arising out of the rendering of or the failure to render professional services by any health care provider, compensation for reasonable attorney fees to be paid by each litigant in the action shall be approved by the judge after an evidentiary hearing and prior to final disposition of the case by the district court. Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the court of appeals shall be approved after an evidentiary hearing by the chief judge or by the presiding judge of the panel hearing the case. Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the supreme court shall be approved after an evidentiary hearing by the departmental justice for the department in which the appeal originated. In determining the reasonableness of such compensation, the judge or justice shall consider the following:

        (1)   The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.

        (2)   The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the attorney.

        (3)   The fee customarily charged in the locality for similar legal services.

        (4)   The amount involved and the results obtained.

        (5)   The time limitations imposed by the client or by the circumstances.

        (6)   The nature and length of the professional relationship with the client.

        (7)   The experience, reputation and ability of the attorney or attorneys performing the services.

        (8)   Whether the fee is fixed or contingent.

        (b)   As used in this section:

        (1)   "Health care provider" means a person licensed to practice any branch of the healing arts, a person who holds a temporary permit to practice any branch of the healing arts, a person engaged in a postgraduate training program approved by the state board of healing arts, a licensed medical care facility, a health maintenance organization, a licensed dentist, a licensed professional nurse, a licensed practical nurse, a licensed optometrist, a licensed podiatrist, a licensed pharmacist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a licensed physical therapist or an officer, employee or agent thereof acting in the course and scope of such person's employment or agency; and

        (2)   "professional services" means those services which require licensure, registration or certification by agencies of the state for the performance thereof.

        History:   L. 1976, ch. 248, § 1; L. 1986, ch. 231, § 2; L. 1986, ch. 229, § 22; L. 1986, ch. 10, § 1; L. 1988, ch. 246, § 10; L. 1994, ch. 181, § 2; L. 2003, ch. 128, § 15; Apr. 1, 2004.

• 7-127: Applicants for admission to practice law; fingerprints; criminal history record check. (a) The supreme court may require an applicant for admission to practice law in this state to be fingerprinted and submit to a national criminal history record check. The fingerprints shall be used to identify the applicant and to determine whether the applicant has a record of criminal arrests and convictions in this state or other jurisdictions. The supreme court and the state board of law examiners are authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The state board of law examiners and the supreme court may use the information obtained from fingerprinting and the applicant's criminal history only for purposes of verifying the identification of any applicant and in the official determination of character and fitness of the applicant for admission to practice law in this state.

        (b)   Local and state law enforcement officers and agencies shall assist the supreme court in taking and processing of fingerprints of applicants seeking admission to practice law in this state and shall release all records of an applicant's arrests and convictions to the supreme court and the state board of law examiners.

        History:   L. 2005, ch. 197, § 1; July 1.