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McClintock v. Kentucky Bar Ass'n

Citations: 385 S.W.3d 429; 2012 Ky. LEXIS 209; 2012 WL 6720367Docket: No. 2012-SC-000688-KB

Court: Kentucky Supreme Court; December 19, 2012; Kentucky; State Supreme Court

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Rocky L. McClintock, a member of the Kentucky Bar Association (KBA) since October 16, 1992, is facing twelve pending disciplinary actions, leading him to request resignation under terms of permanent disbarment. The pending cases involve formal charges with over thirty counts of violations of the Rules of Professional Conduct, including incompetence, lack of diligence, failure to communicate, unreasonable fees, failure to refund unearned fees, failure to expedite litigation, dishonest conduct, and failure to respond to disciplinary authority. Notably, one case has resulted in a claim against the KBA’s Client Security Fund for $57,000 due to mismanagement of client funds.

McClintock attributes his misconduct to severe physical and mental health conditions, which he argues impair his ability to practice law. He admits to violating ethical rules in all twelve KBA files and has moved for permanent disbarment under SCR 3.480(3), which permits resignation for unethical conduct. The KBA does not object to his motion, stating that the costs of the proceedings should be borne by McClintock.

The court has ordered the following:  
1. McClintock is permanently disbarred, with immediate effect, and is prohibited from seeking reinstatement.  
2. He must notify all relevant courts and clients of his disbarment within ten days, providing copies of these notifications to the Office of Bar Counsel.  
3. He is liable for the costs of the proceedings, totaling $1,580.66, which may be enforced upon finality of the order.  

The order was entered on December 20, 2012, with the Chief Justice and several justices concurring.