Maureen Ann Sullivan v. Kentucky Bar Association ( 2017 )


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    MAUREEN ANN SULLIVAN                                                    MOVANT
    KBA MEMBER NO. 84041
    V.                            IN SUPREME COURT
    KENTUCKY BAR ASSOCIATION                                          RESPONDENT
    OPINION AND ORDER
    Pursuant to SCR 3.480(2), Movant, Maureen Ann Sullivan, moves this
    Court to impose a thirty (30) day suspension from the practice of law for her
    admitted violations of the Rules of Professional Conduct, probated for two (2)
    years on the condition that she not receive any new charges from the Inquiry
    Commission during her probationary period. The Kentucky'Bar Association
    (KBA) has no objection to this negotiated discipline.
    Finding this agreed upon disciplinary sanction to be appropriate under
    the facts of this case, we grant Movant's motion. Movant's KBA member
    number is 84041 and her bar roster address is 1916 Harvard Drive, Louisville,
    Kentucky 40205. Movant was admitted to the practice of law in the
    Commonwealth of Kentucky on October 17, 1991.
    KBA FILE 21740
    Movant was suspended from the practice oflaw on January 23, 2013, for
    failure to pay her bar dues. Thereafter, Movant submitted a proper application
    for restoration, paid the required fee and unpaid bar dues, and certified that
    she had no pending disciplinary matters. However, Movant failed to notify all
    clients and courts of her suspension in accordance with her notice of
    suspension. The KBA Inquiry Committee conducted an investigation into
    Movant's failure to communicate her suspension to current clients and her
    continued representation of clients. Movant failed to respond to multiple KBA
    inquiry letters. As a result, Movant was charged with violating Supreme Court
    Rule ("SCR") 3.130(1.4)(a)(5) (failure to consult with clients about limitations of
    representation); SCR 3.130(1.16)(d) (duties upon termination of
    representation); SCR 3.130(5.5) (unauthorized practice of law); and SCR 3.130
    (8. l)(b) (failure to respond to disciplinary authority).
    KBA FILE 21833
    On April 4, 2013, a $177.16 Verizon Wireless bill was automatically
    deducted from Movant's escrow account, which overdrew the account. Movant
    failed to respond to a subsequent request for information by Bar Counsel. The
    Inquiry Commission issued a complaint and Movant failed to respond. As a
    result, Movant was charged with violating SCR 3.130(1.15)(a) (failure to
    maintain funds in escrow); and SCR 3.130(8. l)(b) (failing to respond to lawful
    demands for information from a disciplinary authority).
    2
    KBA FILE 22085
    On May 10, 2013, PNC Ban advised the KBA that Movant's client trust
    account was overdrawn by $156.70. Movant failed to respond to the multiple
    ·requests for information from Bar Counsel, and the Inquiry Commission issued
    a complaint as a result. Movant was charged with violating SCR 3.130 (l.15)(a)
    (failure to maintain funds in escrow); and SCR 3.130(8. l)(b) (failing to respond
    to lawful demands for information from a disciplinary authority).
    Movant now moves this Court to impose a thirty (30) day suspension
    from the practice of law for her admitted violations of the Rules of Professional
    Conduct, probated for two (2) years on the condition that she not receive any
    new charges from the Inquiry Commission during her probationary period.
    )
    The KBA has no objection to the proposed discipline, which was
    negotiated pursuant to SCR 3.480(2). Upon review of the facts in this case and
    relevant case law, we find the proposed discipline appropriate. See, e.g., Rye v.
    KBA, 
    436 S.W.3d 202
     (Ky. 2014).
    Accordingly, it is hereby ORDERED that:
    1. Movant, Maureen Ann Sullivan, KBA Member No. 84041, is found guilty
    '
    · of the above-described and admitted violations of the Rules of
    Professional Conduct;
    2. Movant is suspended from the practice of law in the Commonwealth of
    Kentucky for thirty (30) days, probated for two (2) years under the
    condition that she commits no further ethical violations during the
    suspension period;
    3
    3. If Movant commits any ethical violations during the probationary period,
    the KBA should undertake appropriate filings with this Court to revoke
    the suspension period;
    4. Movant shall timely satisfy all continuing legal education requirements;
    5. Movant shall timely pay her KBA member dues;
    6. Movant shall cooperate with the conditions of her treatment plan with
    the Kentucky Lawyer's Assistance Program (KYLAP); and
    7. Pursuant to SCR 3.450, Movant is directed to pay all costs associated
    with these disciplinary proceedings for which execution may issue from
    this Court upon finality of this Opinion and Order.
    All sitting. All concur.
    ENTERED: .October 20, 2016.
    · CHIEF JUSTICE
    4
    

Document Info

Docket Number: 2016 SC 000467

Filed Date: 8/28/2017

Precedential Status: Precedential

Modified Date: 8/30/2017