State v. Callahan
Kansas Supreme Court
652 P.2d 708 (1982)
Ruth Fulton, an elderly California resident, sold 320 acres of family land in Kansas to Lowell Lygrisse. John Callahan (defendant), a Kansas attorney handled the transaction for both parties. Callahan drafted the necessary documents in accordance with the terms provided by Lygrisse. Fulton was not consulted. The deal allowed Lygrisse to pay Fulton in three separate payments unsecured by a mortgage in favor of Fulton. Fulton signed the documents believing Callahan was representing her best interests. Thereafter, Callahan served as Lygrisse’s personal attorney. Lygrisse failed to pay Fulton the final payment. Believing she had a secured interest in the property, Fulton attempted on multiple occasions to initiate foreclosure proceedings through Callahan. Each time Callahan advised Fulton to give Lygrisse more time to pay the final payment. The following year, Fulton flew to Kansas to confront Callahan about filing foreclosure proceedings. At that time, Callahan informed Fulton that he could not represent her due to a conflict of interest in his representation of Lygrisse. Eventually, Callahan informed Fulton that she did not have a mortgage, but only a promissory note. Fulton hired another attorney who filed a malpractice suit against Callahan. Callahan filed for bankruptcy and was discharged. Fulton was never paid her final payment. The attorney filed a complaint against Callahan with the Kansas Bar. A Kansas Bar board of discipline panel found that Callahan violated several rules of professional conduct and placed him on indefinite suspension. Callahan appealed to the Kansas Supreme Court.
Rule of Law
Holding and Reasoning (Per curiam.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.