Alecia Lococo v. Kentucky Bar Association ( 2021 )

TO BE PUBLISHED
Supreme Court of Kentucky
2020-SC-0543-KB
ALECIA LOCOCO MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Alecia Lococo, whose Bar Number is 84175 and Bar Roster Address is
1001 Whitewood Bend, LaGrange, Kentucky 40031, requests this Court to
approve her Application for Reinstatement to the Kentucky Bar. We approve
her application after reviewing the Character and Fitness Committee’s findings
of her rehabilitated behavior and the Board of Governors’s unanimous vote for
reinstatement. We find Lococo may be reinstated upon complying with her
Kentucky Lawyer Assistance Program (KYLAP) Supervision Agreement and the
provisions of SCR 3.510(4), passing the bar examination, and paying the costs
in this matter.
I. FACTUAL BACKGROUND
This matter involves Alecia Lococo’s Application for Reinstatement that
came before the Board of Governors in March 2020. Lococo, who was admitted
to the Kentucky bar in 1991, was suspended from the practice of law after two
disciplinary actions were brought against her. The first action, resulting in
Lococo’s temporary suspension, was Inquiry Commission v. Lococo, 18 S.W.3d
341 (Ky. 2000). A probable-cause determination was later made in Kentucky
Bar Association v. Lococo, 54 S.W.3d 164 (Ky. 2001), that Lococo was negligent
in maintaining an adequate accounting system for handling client funds and
that she misappropriated for her own benefit funds held for others. She was
suspended for three years.
In 2006, Lococo was suspended again for six months for conduct that
occurred before the first disciplinary action began. Lococo moved for that
suspension to run concurrently to the previously imposed three-year
suspension. The KBA agreed, and this Court sustained that agreement.
In October 2017, Lococo filed her application for reinstatement under
Kentucky Supreme Court Rule (SCR) 3.510. In December 2017 she filed her
Questionnaire Response with the Character and Fitness Committee. KBA Bar
Counsel and Committee held a reinstatement hearing in October 2019.
At the hearing, Lococo submitted the affidavits of Dr. Stephen Lamb, her
psychiatrist, and Phil Wicker, an attorney. The affidavits established that at
the time of Lococo’s professional misconduct she was suffering from
undiagnosed Adult Attention-Deficit Hyperactivity Disorder (ADHD). The
affidavits also established that after she was suspended she sought medical
treatment and has been compliant with all treatment recommendations for 17
years. In sum, the Character and Fitness Committee found Lococo had
2
satisfied all requirements for reinstatement, including compliance with all
terms of her suspension; that while under suspension she showed she is
worthy of the trust and confidence of the public; that she has sufficient
professional capabilities to serve the public as a lawyer; she exhibits good
moral character; she appreciates the wrongfulness of her misconduct; she has
manifested remorse for her professional misconduct; and she has rehabilitated
herself from her past mistakes. Additionally, the KBA Bar Counsel agreed to
Lococo’s reinstatement subject to her having a mentor, given the length of time
she had been suspended.
After reviewing the Character and Fitness Committee’s findings, as well
as the record of Lococo’s disciplinary actions, the Board of Governors
recommended her reinstatement application be approved. It additionally
recommended KYLAP monitoring and mentoring, all the requirements under
SCR 3.510(4),1 completion of the bar exam, and payment of costs in this
matter. We adopt the Board of Governors’ recommendation.
We have approved reinstatement applications like Lococo’s before. In
Gabbard v. Kentucky Bar Association,2 an attorney was suspended for one year
because of his failure to adequately represent two clients. Gabbard had
accepted payments from two different clients but did not complete the work
and did not return the fees.3 When the period of his suspension ended, the
1 Kentucky Supreme Court Rule.
2 291 S.W.3d 221 (Ky. 2009).
3 Id. at 221.
3
Character and Fitness Committee recommended a five-year supervision under
KYLAP.4 The Board of Governors voted unanimously to reinstate Gabbard after
finding his actions reflected the rehabilitation of his behavior.5 After
considering the Character and Fitness Committee’s findings and the Board’s
recommendations, we accepted Gabbard’s application for reinstatement.
While Lococo’s suspension was for three-and-a-half years, unlike the
one-year suspension discussed in Gabbard, we have approved of reinstatement
for similar terms of suspension. In Huffman v. Kentucky Bar Association,6 an
attorney received a four-year suspension after she was found guilty of engaging
in illegal conduct involving moral turpitude; conduct involving dishonesty,
fraud, deceit or misrepresentation; and conduct which adversely reflected upon
her fitness to practice law.7 Huffman’s ethical violations stemmed from her
participation in a monetary kickback scheme to assist an elected official fund a
campaign.8 This Court approved Huffman’s application after the Board voted
unanimously for reinstatement because she demonstrated rehabilitated
behavior and had completed all necessary administrative steps.9
We find the circumstances here to be like those in Gabbard and
Huffman. Lococo was suspended for 3.5 years after two disciplinary actions
4 Id. at 221–22.
5 Id. at 222.
6 14 S.W.3d 555, 556 (Ky. 2000).
7 Id.
8 Id.
9 Id.
4
were brought against her. Since then, she has been rehabilitated and
completed all terms necessary for reinstatement. And the Board of Governors,
Kentucky Bar Counsel, and the Character and Fitness Committee endorse
reinstatement. For these reasons, we grant Lococo’s reinstatement provided
she pay all costs related to this action and comply with the conditions of
reinstatement.
It is hereby ORDERED that:
1. Alecia Lococo’s application for reinstatement to the practice of law in
the Commonwealth of Kentucky under SCR 3.510(3) and SCR
3.510(6) is granted upon the conditions that she adhere to the
provisions set forth in her KYLAP Supervision Agreement, the
provisions of SCR 3.510(4), and that she pass the bar examination.
2. Under SCR 3.510(1), Lococo is directed to pay the costs associated
with these proceedings in the amount of $1,179.17, for which
execution may issue from the Court upon finality of this Opinion and
Order.
All sitting. All concur.
ENTERED: APRIL 29, 2021
______________________________________
CHIEF JUSTICE
5