Click here for prior pages from the Kentucky Court Report posting attorney disciplinary matters.
Disciplinary matters with links to the full text of the action are below:
KBA vs. Michael R. McMahon
Order Of Suspension From The Practice Of Law For 181 Days.
The Board found Respondent guilty of committing two of the four disciplinary infractions and recommended a 181-day suspension from the practice of law. Neither McMahon nor Bar Counsel has filed a notice for this Court to review the Board’s decision as allowed under Supreme Court Rule (“SCR”) 3.370(8). Moreover, and for reasons set forth more fully herein, we decline the opportunity to review the Board’s decision per SCR 3.370(9) and hereby adopt its recommended sanction.
KBA vs. Karl Nelson Truman
Order of public reprimand.
Recently, the Indiana Supreme Court publicly reprimanded Respondent for committing professional misconduct. Accordingly, this Court must determine whether to impose identical reciprocal discipline upon Respondent pursuant to Supreme Court Rule (“SCR”) 3.435.
The misconduct at issue in this disciplinary action arises from an employment contract Respondent required his new associate attorney to sign as a condition of his hiring. The contract included a “Separation Agreement” (the “Agreement”), which specified that in the event the employment relationship ended, the associate was prohibited from contacting, notifying, or soliciting the clients he obtained while working at Respondent’s law firm. Only Respondent had the luxury of notifying the clients of the associate’s departure. The Agreement further included a fee arrangement which highly deterred the associate from continuing to represent those clients.
The KBA’s motion to impose reciprocal discipline in the form of a public reprimand is granted.
James M. Cawood vs. KBA
Order of suspension from the practice of law for 1 year probated for 3 years with conditions.
Basis of suspension was for attorney’s apparent abandonment of client’s cause and refusal to refund unearned portion of his fees. A bar complaint ensued. In another matter, attorney was overdrawn on his IOLTA Trust Account, and letters from bar counsel for explanation were returned not deliverable. In mitigation, attorney presented mitigating factors of intense opiate addiction, rehabilitative services, and a supervision agreement with the Kentucky Lawyers Assistance Program.
Based on this mitigating evidence, and in light of similar discipline imposed for analogous misconduct, this Court finds that the consensual discipline proposed by Movant and agreed to by the KBA is appropriate. Therefore, Movant’s motion for a probated suspension from the practice of law is hereby granted.
KBA vs. Christopher G. Stewart
Order of Public Reprimand
The Board of Governors of the Kentucky Bar Association (“KBA”) recommends that this Court publically reprimand Christophe G. Stewart for violating Supreme Court Rule (“SCR”) 3.130-1.15 (safekeeping property) and 3.130-8.1(b) (knowingly failing to respond to a lawful demand for information from an admissions or disciplinary authority). Finding a public reprimand to be the appropriate discipline for Stewart’s misconduct, we grant the KBA’s motion.
KBA vs. Michael R. McMahon
Order Of Suspension From The Practice Of Law For 181 Days With Conditions.
The allegations of misconduct in this case, KBA File No. 22121, stem from the fact that McMahon was administratively suspended from the practice of law on January 23, 2013 for non-payment of dues. On July 22, 2013, he filed an application for restoration to membership. Part of that application is Question #10 asking whether the lawyer has complied with Supreme Court Rule 3.390, which requires notice of suspension or withdrawal to be sent to all clients. McMahon admitted that he had not done so.
KBA vs. Clyde F. Johnson
Order of Suspension From the Practice of Law for 5 Years With Conditions
The Board’s recommendation stems from three separate charges, all of which involve Johnson’s failure to perform any legal work for clients after entering into retainer agreements and taking retainer fees. Curator represented the attorney in the disciplinary action.
Dennis Michael Ritchie vs. KBA
Order of Permanent Disbarment From the Practice of Law.
Attorney was hired to handle custody matter, client died, and attorney kept unearned fee. Grandparent later hired attorney to put $50,000 into account for grandson. Instead attorney spent the $50,000 on himself, and when confronted, attorney borrowed money to pay it back. Attorney pled guilty to possession of forged instrument and theft by deception.
KBA vs. Michael Linden Meyers
Order of Suspension From the Practice of Law for 30 Days Probated for 2 Years With Conditions.
KBA Inquiry Commission issued a four- count Charge against Respondent on October 4, 2013, in KBA File Number 21948. The Charge alleged violations of the following Rules of Professional Conduct: Count I, Supreme Court Rule (“SCR”) 3.130-1.3 (attorney must represent the client with reasonable diligence and promptness); Count II, SCR 3.130-1.4(a)(3) (attorney shall keep the client reasonably informed); Count III, SCR 3.130-•.4(a)(4) (attorney must promptly comply with reasonable requests for information); and Count IV, SCR 3.130-8.4(c) (attorney may not engage in conduct involving dishonesty, fraud, deceit or misrepresentation).
Bethani Forbush v. KBA
Order Of Suspension From The Practice Of Law For 61 Days Probated For 2 Years With Conditions.
Bethanni Forbush-Mossl (Moss) moves this Court to suspend her from the practice of law for sixty-one days, which suspension shall be probated for two years for the following admitted violations: failure to promptly comply with reasonable requests for information, Supreme Court Rule (SCR) 3.130(1.4)(a)(4); failure to deposit client’s refundable funds into an escrow account, SCR 3.130(1.15)(e); failure to keep client’s property separate from the lawyer’s property, SCR 3.130(1.15)(a); and failure to surrender property and fees upon termination, SCR 3.130(1.16)(d).
Robert L. Horrell vs. KBA
Order of suspension revoked with conditions.
Robert L. Horrell, KBA No. 33260, appeals his suspension from the Kentucky Bar Association (the KBA) for failure to pay his bar dues. The KBA asks this Court to grant Horrell’s appeal on the condition that he pay in full his bar dues for 2014-2015 along with any late fees and costs.
Roderick A. Tejeda vs. KBA
Order of suspension from the practice of law for 4 years with conditions.
Based upon his felony conviction of reckless homicide the Inquiry Commission issued a charge against Movant alleging violation of SCR 3.130- 8.4(b) for professional misconduct in committing “a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” Movant admits that he is guilty of the above ethical violation. As punishment, Movant requests a four-year suspension from the practice of law, retroactive to September 11, 2013 (the date of the automatic temporary suspension imposed upon his felony conviction), with the additional conditions that he continue ongoing monitoring by KYLAP and follow any recommendations made by that office, and that he be released from any supervision by Probation and Parole before reinstatement. ‘The KBA presents no objection to Movant’s proposed sanction.
Michael A. Hamilton vs. KBA
Order denying motion for reinstatement.
KBA vs. Charles H. Schaffner
Order of suspension from the practice of law for 180 days.
