STANTON A. HAZLETT Diseiplinary Administrator KATE F., BAIRD DEBORAH L. HUGHES PENNY R. MOYLAN. MATTHEW J. VOGELSBERG MATTHEW D. FRANZENBURG DANIELLE M. HALL GARY C. WEST Deputy Diseiplinary Administrators STATE OF KANSAS 701 SW Jackson St 1° Floor Topeka, Kansas 66603-3729 Telephone: (785) 435-8200 Fax: (785) 783-8385 GAYLE B. LARKIN Admissions Attorney OFFICE OF ‘THE DISCIPLINARY ADMINISTRATOR October 25, 2019 J. Whitfield Larrabee 251 Harvard St., Ste. 9 Brookline, MA 02446 Re: Kris W. Kobach, DA12907 Dear Mr: Larrabee: Tam writing to inform you that the Review Committee for the Kansas Board for the Discipline of Attorneys has considered the information related to your complaint and has approved a request from Mr. Kobach that the complaint be referred to the Attomey Diversion Program. Referral to the diversion program by the committee is equivalent to a finding under Kansas Supreme Court Rule 210(c) that there is probable cause to believe that the respondent violated the Kansas Rules of Professional Conduct. Supreme Court Rule 203(d) provides that the referral to and participation in the Attomey Diversion Program shall remain confidential In this disciplinary matter, however, the parties have agreed that the Office of the Disciplinary Administrator may publicly disclose the following: “Kris Kobach entered into a diversion agreement with the office on October 10, 2019. Successful completion of the diversion will resolve the disciplinary complaint(s) filed against Mr. Kobach alleging misconduct in matters relating to the federal court litigation, Fish, ef al. v. Kris Kobach. In the agreement, Mr. Kobach stipulated that he did not properly supervise both lawyer and nonlawyer staff during the federal court litigation, in violation of KRPC 5.1 (Responsibilities of Partners, Managers and Supervisory Lawyers) and KRPC 5.3 (Law Firms and Associations: Responsibilities Regarding Nonlawyer Assistance). There was no finding of dishonest conduct on the part of Mr. Kobach.”If Mr. Kobach fails to successfully complete the diversion, he may be terminated from the program and disciplinary proceedings will resume. You will be notified if additional disciplinary action is taken. Successful completion of the diversion will terminate this action. Thank you for your making our office aware of your concerns. WW ‘Stanton A. Hazlett Disciplinary Administrator Singerely, SAHimrd co:-David M. Rapp = oP