Kentucky Bar Association v. Kenneth Joseph Bader ( 2017 )


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  •                                                AMENDED: NOVEMBER 7, 2017
    TO BE PUBLISHED
    juprttttt 2017 WL 4310500 
    (Ky. Sept. 28, 2017). Notably, Respondent likewise failed to
    participate in that disciplinary proceeding. Because of his committed
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    violations, we suspended Respondent from the practice of law for a period of
    thirty (30) days.
    Similarly, in 2014, Respondent received a private reprimand for the
    following: 1) violating SCR 3.130-1.3 by failing to file a client's bankruptcy
    petition in a timely manner; 2) violating SCR 3.130-l.4(a)(2) by failing to tell his
    client that he was not filing her bankruptcy petition because she had not paid
    his fee; and 3) violating SCR 3.130-l.4(a)(3) by failing to respond to his client's
    requests for information about her bankruptcy proceedings.
    Here, Respondent's misconduct in KBA file 16-DIS-0304 in large part
    mirrors that for which he has been previously disciplined, and indicates
    repeated noncompliance with the rules of his chosen profession. In the case of
    Ky. Bar Assoc. v. Benton, 
    449 S.W.3d 368
    (Ky. 2014), this Court exercised its
    discretion, pursuant to SCR 3.380, to suspend Benton indefinitely until he
    appeared and accounted for his failure to answer the disciplinary charges.
    Likewise, here we believe that indefinite suspension of Respondent's license to
    .practice law is warranted until he appears and accounts for his behavior.
    ACCORDINGLY, IT IS ORDERED THAT: ·
    1. Respondent is suspended from the practice of law indefinitely pursuant
    to SCR 3.380(2).
    2. As required by SCR 3.390, Respondent will, if he has not already done
    so, within 10 days after issuance of this order of suspension from the
    ·practice of law for more than 60 days, notify, by letter duly placed with
    the United States Postal Service, all courts or other tribunals in which he
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    ha~   matters pending, and all clients of his inability to represent them
    and of the necessity and urgency to promptly obtain new counsel.
    Respondent shall simultaneously provide a copy of all such letters of
    notification to the Office of Bar Counsel. Re.spondent shall immediately
    '
    . cancel any pending advertisements, to the extent possible, and shall
    terminate any advertising activity for the duration of the term of
    suspension.
    3. Respondent is instructed to promptly take all reasonable steps\o protect
    the interests of his clients. He shall not, during the term of suspension,
    accept new clients or collect unearned fees, and· he shall comply with the
    provisions of SCR 3.130-7.50(5).
    All sitting. All concur.
    ENTERED: November 2, 2017.
    c
    4
    AMENDED: NOVEMBER 7, 2017
    TO BE PUBLISHED
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    2017-SC-000312-KB
    KENTUCKY BAR ASSOCIATION                                                          MOVANT
    V. .                                 IN SUPREME COURT
    KENNETH JOSEPH BADER                                                        RESPONDENT
    ORDER
    The Opinion and Order of the Court entered November 2, 2017, is amended on
    its face by substitution of the attac,hed Opinion and Order in lieu of the original Opinion
    and Order. Said correction does not affect the holding of the original Opinion and Order
    ·of the Court.
    ENTERED: November        7   , 2017.
    

Document Info

Docket Number: 2017 SC 000312

Filed Date: 11/7/2017

Precedential Status: Precedential

Modified Date: 11/9/2017