dissenting:
Respondent takes no exception to the panel’s finding that he violated MRPC 8.4 (c) and (d) (1996 Kan. Ct. R. Annot. 350) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; engaging in conduct prejudicial to the administration of justice).
The majority quotes the ABA Standards For Imposing Lawyer Sanctions § 6.12 (1991): “Suspension is generally appropriate when a lawyer knows that false statements or documents are being submitted to the court.”
Six months’ suspension is the appropriate discipline in this case.
In a recent case, In re Roy, 261 Kan. 999, 933 P.2d 662 (1997), Roy, 3 years at the bar, forged signatures on a bankruptcy petition. Here, the respondent was admitted to practice in 1951.
Language from In re Roy is applicable here:
“The respondent . . . took an admission oath. He, among other things, swore never to ‘consent to the doing of any falsehood in court.’ Rule 704 (1996 Kan. Ct. R. Annot. 456).
*274“ The respondent owes a primary duty to the court. He assumed this duty before he ever had a client. Our court system depends on members of the bar advancing the truth in submissions to the court. No breach of this professional duty is more detrimental to the administration of justice.” 261 Kan. at 1004 (Six, J., dissenting).
The ramifications of respondent’s actions are: (1) fraud on the court and (2) erosion of the court’s right to rely on the integrity of pleadings. Respondent vouched for the authenticity of the will he altered to the district court by signing a probate petition affirming that the will was genuine, valid, and lawfully executed.
Estate administration must be conducted in an atmosphere where judicial acceptance of counsel’s representations as accurate and truthful is routine. Probate practice is generally nonadversarial.
As lawyers and judges, we acknowledge cross-examination as an aid in the search for truth. The attorney standing before the bench in the presence of opposing counsel addresses the court with care. Any misstatement of fact or of the record will be challenged by opposing counsel. However, in the probate setting, opposing counsel is often absent. The truth must be guarded by the integrity of probate counsel.