Attorney Discipline. SCOKY Aug. 2010 Minutes.

a. Inquiry Commission v. David Alan Friedman 2009-SC-000801-KB August 26, 2010

Supreme Court granted Inquiry Commission's petition to temporarily suspend attorney from the practice of law. In the Fall of 2009 two bar complaints were filed against attorney for converting tens of thousands of dollars of client money for his own purposes. Clients requested payment for months after an award was granted but attorney continued to give false statements as to why he could not pay them in full. Eventually Attorney admitted to converting the funds for his own use and promised to pay back the money converted but did not do so for another two months. The Commission's petition stated that the attorney's conduct posed a significant harm to his clients or the public and the Supreme Court agreed.

b. Lester Burns v. Kentucky Bar Association 2004-SC-000004-KB August 26, 2010

Supreme Court denied Burns’s application for reinstatement following nonpermanent disbarment to the practice of law in accord with the recommendations of the Character and Fitness Committee and the Board of Bar Governors, despite Burns’s argument that the Committee and Board improperly focused on events from more than a decade ago rather than more recent events. The Court held that there was no requirement than only recent events could be considered on applications for reinstatement, but also noted that the Committee and Board had found that Burns presently lacked the requisite good moral character to practice law. Furthermore, these findings were supported by ample evidence of lack of candor, inconsistency in sworn statements, and failure to take full responsibility for prior misconduct. Thus, given these findings and the high standard an applicant for reinstatement must meet (a higher standard than that for initial bar applicants), the Court concurred with the Committee’s and the Board’s recommendations that Burns’s application be denied.

c. Kentucky Bar Association v. Charles C. Leadingham 2009-SC-000815-KB August 26, 2010

The Supreme Court suspended an attorney from the practice of law for 181 days for violations of the Rules of Professional Conduct, including failing to pursue two clients’ appeals.

d. Kentucky Bar Association v. Katz 2010-SC-000092-KB August 26, 2010

Attorney was disciplined in Delaware for violating several provisions of the Delaware code of conduct. Kentucky instituted recipricol discipline. Because the attorney failed to inform the KY Bar of his diciplineary action in Deleware and did not respond to the show cause order the Supreme Court began attorney's suspension from the date of the order and not from the date of the Delaware order. Attorney was suspended for three months with one year probation following his reinstatement.

e. Kentucky Bar Association v. Jennifer Sue Whitlock 2010-SC-000238-KB August 26, 2010

Supreme Court adopted the findings of the trial commissioner and adopts the recommendations of the Board that attorney be suspended from the practice of law for one year. Attorney had multiple disciplinary actions filed against her in the past three years which the Court has already acted upon. This case involved the failure to withdraw a case from small claims court and re-file in District Court after accepting money from client to do so and then failing to inform client of any of the proceedings of the case.

f.     Kentucky Bar Association v. Marc Ashley Bryant 2010-SC-000258-KB August 26, 2010

Attorney is suspended from the practice of law for 60 days. Attorney failed to keep client informed of dates and deadlines, failed to meet deadlines in a personal injury case and in a social security disability case and therefore cause both actions to be dismissed. Attorney did not answer the charges and the Board acted on the charges as a default proceeding. The Court adopted the Boards finding without review.

g.     Kentucky Bar Association v. Charles C. Leadingham 2010-SC-000262-KB August 26, 2010

The Supreme Court suspended an attorney form the practice of law for 181 days for violations of the Rules of Professional Conduct, including failing to return an unearned $500 fee.

h.     Kentucky Bar Association v. James B. Gray 2010-SC-000381-KB     August 26, 2010

Attorney is suspended for five years, two to serve followed by three years probation. Attorney was caught stealing pain medication from a client and previously suspended for same, while on suspension he was participating in KYLAP and drug testing. He failed to appear for eight of his drug tests and tested positive for alcohol at four of the six test he did take.

i.     Eric Lamar Emerson v. Kentucky Bar Association 2010-SC-000398-KB     August 26, 2010

Attorney suspended for 30 days to begin at the end of his current 2 year suspension. Attorney had a bar complaint filed against him, during the course of the proceedings it was discovered that the attorney failed to up date his address information and attorney failed to respond to complaint. Attorney filed motion to file and untimely answer to the complaint which was granted. Upon review the charges brought by the client were dismissed but attorney failed to address why he did not update his address information or answer the bar complaint in a timely manner. The Attorney and Board negotiated the 30 days additional suspension which the court here adopts.

j.     Kentucky Bar Association v. Charles C. Leadingham 2010-SC-000420-KB August 26, 2010

The Supreme Court suspended an attorney from the practice of law for three years for violations of the Rules of Professional Conduct, including failing to perform work for clients and failing to return unearned fees in two cases.

 

 

 

 

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