Narrative Opinion Summary
The case involves disciplinary proceedings against a Kentucky attorney, Eric C. Deters, who faced charges of professional misconduct following an inquiry by the Kentucky Bar Association. The Board of Governors found Deters guilty of violating several Supreme Court Rules, including making false statements regarding a judge's impartiality (SCR 3.130-8.2(a)), submitting false statements to a tribunal (SCR 3.130-3.3(a)), improper solicitation of clients (SCR 3.130-7.09(2)), and failing to refund unearned fees upon termination of representation (SCR 3.130-1.16(d)). Initially charged with nineteen counts of misconduct, the Board found him guilty of four counts after a de novo review, recommending a suspension of sixty-one days and requiring attendance at remedial ethics training. The findings were supported by aggravating factors such as Deters' previous disciplinary history and refusal to acknowledge wrongdoing. The case highlights the application of ABA's Standards for Imposing Lawyer Sanctions and relevant Kentucky case law in determining appropriate disciplinary measures. The court upheld the Board's recommendation, dismissing arguments regarding procedural delays and constitutional challenges, and ordered Deters to comply with specific conditions during his suspension.
Legal Issues Addressed
Disciplinary Sanctions and Suspensionsubscribe to see similar legal issues
Application: The Board recommended a sixty-one-day suspension for Deters, aligning with ABA Standards and precedent, due to multiple violations of professional conduct rules.
Reasoning: The Board recommends a sixty-one-day suspension for Deters, aligning with ABA Standards and precedent.
Violation of SCR 3.130-1.16(d) - Failure to Refund Unearned Feessubscribe to see similar legal issues
Application: Deters was found in violation for not refunding an unearned portion of a $1,500 fee to the Radakovics upon termination of representation.
Reasoning: SCR 3.130-1.16(d) requires lawyers to protect clients' interests upon termination of representation, including refunding unearned fees.
Violation of SCR 3.130-3.3(a) - False Statements to a Tribunalsubscribe to see similar legal issues
Application: Deters was deemed to have violated SCR 3.130-3.3(a) by knowingly submitting false statements in guardianship pleadings without proper consent.
Reasoning: Additionally, he was found guilty of violating SCR 3.130-3.3(a) for knowingly submitting false statements in guardianship pleadings, where he included a client's ex-husband as a co-guardian without proper consent.
Violation of SCR 3.130-7.09(2) - Improper Solicitationsubscribe to see similar legal issues
Application: Deters was found guilty of violating this rule due to repeated phone calls to Richard, which were deemed coercive and harassing.
Reasoning: SCR 3.130-7.09(2) prohibits lawyers from soliciting professional employment from potential clients who have expressed a desire not to be contacted or when the solicitation involves coercion, duress, or harassment.
Violation of SCR 3.130-8.2(a) - False Statements Regarding Judgessubscribe to see similar legal issues
Application: Deters was found guilty of making false statements regarding Judge Bates' impartiality, suggesting bias due to political contributions and ex parte communications.
Reasoning: Deters was found to have violated SCR 3.130-8.2(a) by making false statements regarding Judge Bates, suggesting bias due to a political contribution and implying ex parte communication.