Attorney Disciplinary Matters – August 2011 (from SCOKY Monthly Summaries)

ATTORNEY DISCIPLINE- Aug. 25, 2011

A. Robert W. Riley v. Kentucky Bar Association

2011-SC-000309-KB August 25, 2011

Order of Public Reprimand. All sitting; all concur. The Supreme Court publicly reprimanded Riley for violating a prior version of SCR 3.130-1.7(b). Riley engaged a client in sexually explicit telephone conversations and made a sexual advance towards the client while representing the client in a class action.

B. David A. Baker v. Kentucky Bar Association

2011-SC-000328-KB August 25, 2011

Order Restoring Movant to the Practice of Law with Conditions. All sitting; all concur. The Supreme Court restored Baker, who had been suspended from the practice of law for nonpayment of dues, on the conditions that he pay all back dues, pay costs, and be re-certified as compliant with his continuing legal education requirements.

C. An Unnamed Attorney v. Kentucky Bar Association

2011-SC-000333-KB August 25, 2011

Order of Private Reprimand with Conditions. All sitting; all concur. The Supreme Court privately reprimanded the Movant for violation of SCR 3.130- 1.15(b). The Movant received an “Assignment of Proceeds, Lien, and Authorization” from a chiropractor who had treated the Movant’s personal injury client. Upon subsequent settlement of the case, the Movant deducted his fee and distributed the remaining money to his client without notifying the chiropractor of the settlement or distribution. The Movant was also required to attend the next Ethics and Professionalism Enhancement Program.

D. Kentucky Bar Association v. Luann Glidewell

2011-SC-000206-KB August 25, 2011

Opinion and Order. All sitting; all concur. The Court adopted the KBA’s recommendation to suspend Glidewell from the practice of law for three years. Glidewell violated SCR 3.130-4.4, which bars a lawyer from using means that have no substantial purpose other than to embarrass, delay, or burden a third person, by filing an improper lien on property her client no longer had an interest in and refusing to remove it. She also violated SCR 3.130-8.1(b) by failing to respond to a demand for information from the KBA.

E. Kentucky Bar Association v. William A. Mitchell

2011-SC-000-300-KB August 25, 2011

Opinion and Order. All sitting; all concur. The Court adopted the Board of Governors’ recommendation to suspend Mitchell from the practice of law for one year as a result of two disciplinary charges. Mitchell failed to respond to the charges, resulting in default cases under SCR 3.210.

F. John F. Rampulla III v. Kentucky Bar Association

2011-SC-000310-KB August 25, 2011

Opinion and Order. All sitting; all concur. The Court suspended Rampulla from the practice of law for 181 days, with 91 days probated for three years, subject to the following conditions: continued participation in the KYLAP program for three years; no further misdemeanor or felony charges for three years; and no additional disciplinary charges for three years.

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