Supreme Court of Missouri
en banc

June 16, 2009

No. SC90176

In re: Gary W. Smith, MBE No. 30507

ORDER

Now at this day, the Court being sufficiently advised of and concerning the premises and having considered the statement of acceptance of the Disciplinary Hearing Panel decision pursuant to Rule 5.19(c), the Court finds that Respondent, Gary W. Smith, Missouri Bar No. 30507, violated Rules 4-1.3 and 4-1.4 by failing to file a responsive pleading on behalf of his client within the 30 days prescribed by law, failing to communicate to his client that a hearing on the pleadings had been scheduled and failing to appear at the hearing on the pleadings, which resulted in a default judgment being entered against his client and his client’s loss of physical custody of her minor child.

In accordance with the previous disciplinary decision of this Court, the Court hereby reprimands Gary W. Smith.

Fee pursuant to Rule 5.19(h) in the amount of $750.00 payable to the Clerk of this Court to the credit of the Advisory Committee Fund taxed to Respondent.

Costs taxed to Respondent.

Day - to - Day

_________________________

Laura Denvir Stith
Chief Justice

Note: To view any specific rule provisions cited in this order, please visit the pages for Supreme Court of Missouri Rule 4 and Rule 5. Please be aware the versions of the rules available online are those currently in effect and may have changed since this order issued.