Court: Kentucky Supreme Court; December 19, 2012; Kentucky; State Supreme Court
Danielle Brown, KBA No. 84501, was admitted to practice law in Kentucky on October 16, 1992, and resides at 312 Riva Ridge Road, Richmond, Kentucky 40475. She seeks a public reprimand with conditions for violating SCR 3.130-1.15(a), SCR 3.130-8.1(b), and SCR 3.130-3.4(c). The Kentucky Bar Association (KBA) does not oppose this as a negotiated sanction under SCR 3.480(2).
In 2009, Brown issued six checks totaling $738.11 from her IOLTA trust account that resulted in overdrafts. Although the checks were paid via overdraft protection, the Office of Bar Counsel (OBC) notified Brown in January 2010 about the insufficient funds and requested documentation. Brown did not respond to this or six subsequent requests. In September 2011, the OBC issued a subpoena for relevant records, which Brown also ignored.
The charges against her include three counts of professional misconduct, which she admits. In agreement with the KBA, a negotiated sanction for a public reprimand with conditions is proposed. The Court orders the following: 1) Brown is publicly reprimanded for her violations; 2) She must attend an Ethics and Professionalism Enhancement Program at her expense within 12 months; 3) She cannot claim CLE credit for this program and must allow the OBC access to her CLE records for verification; 4) Non-compliance will result in her reprimand converting to a thirty-day suspension; 5) Brown must pay $158.60 in costs associated with the disciplinary proceedings, with execution possible upon finality of this order.
Chief Justice John D. Minton, Jr. and Justices Abramson, Cunningham, Noble, Scott, and Venters concurred, while Justice Schroder did not participate, in a ruling entered on December 20, 2012, regarding attorney Brown's suspension from the practice of law for thirty days due to violations of specific Kentucky Supreme Court Rules (SCR). On September 20, 2012, Brown was suspended for improperly handling client funds, as evidenced by six checks issued from her IOLTA account that had insufficient funds. The checks in question were numbered 1190 ($60), 1191 ($100), 1193 ($24), 1194 ($123), 1195 ($300), and 1196 ($131.11), dated between December 10 and December 17, 2009. SCR 3.130-1.15(a) mandates that lawyers keep client or third-party property separate from their own, maintain it in a designated account, and keep comprehensive records for five years post-representation. Brown admitted to violating this rule. Additionally, SCR 3.130-8.1(b) prohibits lawyers from failing to respond to lawful demands from disciplinary authorities; Brown acknowledged her failure to respond to multiple requests from the Office of Bar Counsel (OBC) and a subpoena. Finally, SCR 3.130-3.4(c) requires compliance with tribunal obligations, which Brown also admitted to violating by not complying with the subpoena.
