Kentucky

ATTORNEY DISCIPLINE: SCOKY for October 2009

By Michael Stevens

The Supreme Court entered an order confirming attorney?s automatic suspension pursuant to SCR 3.166(1). The rule mandates an automatic suspension from the practice of law for any attorney that pleads guilty to a felony, effective the day following the plea. The attorney had pled guilt to theft of services already rendered, in violation of KRS 514.090.

B. Kentucky Bar Association v. David R. Steele
2009-SC-000246-KB October 29, 2009

The attorney was publicly censured by the Supreme Court of Tennessee for his handling of two personal injury claims. The Supreme Court of Tennessee determined that the attorney had 1) accepted a referral from an unregistered intermediary, 2) prospectively limited his malpractice liability, 3) represented both clients despite a conflict of interest between the clients; and 4) distributed the settlement proceeds from both cases in a single check with the required letter of explanation. In response to the Kentucky Supreme Court?s show cause order, the attorney argued that he should not be subject to reciprocal discipline since the same clients had also filed a bar complaint against him in Kentucky and the matter had been dismissed for adjudication in Tennessee, where the alleged misconduct occurred. The Court rejected this argument, noting that the attorney had not alleged fraud or lack of jurisdiction in Tennessee or that his misconduct warranted a different discipline in Kentucky. Accordingly, the Court issued a public reprimand to the attorney.

C. Kentucky Bar Association v. Luann C. Glidewell
2009-SC-000462-KB October 29, 2009

The Supreme Court ordered attorney suspended from the practice of law for 181 days. In one case, the attorney failed to respond to a show cause order, causing her client?s case to be dismissed. In the other, the attorney failed to file a timely answer resulting in a default judgment against her client. The attorney represented to the client?s new legal counsel that she would file a motion to set aside the default judgment-- even though her license was suspended at the time.

D. Kentucky Bar Association v. Gregory Curtis Menefee
2009-SC-000467-KB October 29, 2009

Ordered attorney permanently disbarred as a result of ten separate disciplinary files against him. Attorney was found to have repeatedly accepted funds from his bankruptcy clients intended for creditors and then failed to make the payments, refund the money or offer an accounting. The Court held that in light of the attorney?s failure to respond to disciplinary authorities and the potential criminal nature of his actions, permanent disbarment was the appropriate sanction.

E. Kentucky Bar Association v. Bruce D. Atherton
2009-SC-000560-KB October 29, 2009

The Supreme Court entered an order confirming attorney?s automatic suspension pursuant to SCR 3.166(1). The rule mandates an automatic suspension from the practice of law for any attorney that pleads guilty to a felony, effective the day following the plea. The attorney pled guilty to federal charges of accessory after the fact to a conspiracy to commit mail and wire fraud.

Full post as published by Kentucky Cases on December 13, 2009 (boomark / email).