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STATE OF KANSAS

STANTONA.HAZLETT 701 SW Jackson St.


Disciplinary Administrator 1st Floor
KIMBERLY L. KNOLL Topeka, Kansas 66603-3729
KATE F. BAIRD Telephone: (785) 435-8200
DEBORAH L. HUGHES Fax: (785) 783-8385
PENNY R. MOYLAN
M4TTHEW J. VOGELSBERG GAYLE B. LARKIN
MATTHEW D. FRANZENBURG Admissions Attorney
DANIELLE M. HALL
Deputy Disciplinary Administrators

OFFICE OF
THE DISCIPLINARY ADMINISTRATOR

January 10, 2019

Mr. Matthew Schwob


1822 JF Kennedy
Pittsburg, KS 66762

Re: Letter of Complaint


Sean McElwain

Dear Mr. Schwob,

I have reviewed the allegations of misconduct included in your December 25, 2018 letter
reporting attorney Sean McElwain. Mr. McElwain is representing Capital One Bank in a
Crawford County District Court civil action seeking collection of a debt from you.

In your letter, you report several concerns with the attorney's role in the litigation. Your
concerns, though, largely involve substantive claims in defense of Capital One's efforts
to obtain a judgment. Our office is not a substitute for the court. Allegations of error by a
creditor seeking to collect a debt are better resolved in the proper forum, the court, and
not in the disciplinary process.

One of your claims alleges that the attorney has engaged in misconduct by not providing
the Office of Attorney Registration with more than one phone number. The allegation
does not implicate the Kansas Rules of Professional Conduct.

The disciplinary complaint is dismissed pursuant to the au hority granted in Supreme


Court Rule 209.

r?t~~yv
~aird
Deputyj Disciplinary Administrator

KFB:kll

CC: skan McElwain


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