Narrative Opinion Summary
An attorney, a member of the Kentucky Bar Association since 1992, faced twelve disciplinary actions for over thirty counts of violations of the Rules of Professional Conduct. These violations included incompetence, lack of diligence, failure to communicate, unreasonable and unearned fees, failure to expedite litigation, dishonest conduct, and failure to respond to disciplinary authority, which resulted in a significant claim against the KBA’s Client Security Fund. Citing severe physical and mental health conditions as the cause of his misconduct, the attorney admitted to these ethical breaches in all cases and requested permanent disbarment under SCR 3.480(3). The Kentucky Bar Association did not oppose this motion, and the court ordered his immediate and permanent disbarment, prohibiting future reinstatement. The attorney is required to notify all relevant courts and clients of his disbarment, provide evidence of these notifications to the Office of Bar Counsel, and pay the costs of the proceedings totaling $1,580.66. The order was confirmed by the Chief Justice and several justices on December 20, 2012.
Legal Issues Addressed
Costs of Disciplinary Proceedingssubscribe to see similar legal issues
Application: The court ordered the disbarred attorney to bear the costs of the proceedings, amounting to $1,580.66.
Reasoning: The KBA does not object to his motion, stating that the costs of the proceedings should be borne by McClintock.
Impact of Health Conditions on Professional Conductsubscribe to see similar legal issues
Application: The attorney attributed his misconduct to severe physical and mental health conditions, arguing they impaired his ability to practice law.
Reasoning: McClintock attributes his misconduct to severe physical and mental health conditions, which he argues impair his ability to practice law.
Notification Requirements upon Disbarmentsubscribe to see similar legal issues
Application: The disbarred attorney must notify all relevant courts and clients of his disbarment and provide proof of these notifications to the Office of Bar Counsel.
Reasoning: 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.
Permanent Disbarment under SCR 3.480(3)subscribe to see similar legal issues
Application: The attorney requested resignation under terms of permanent disbarment due to multiple violations of professional conduct and admitted to these violations in all pending cases.
Reasoning: McClintock 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.
Violations of Rules of Professional Conductsubscribe to see similar legal issues
Application: The attorney faced over thirty counts of misconduct, including incompetence and dishonest conduct, leading to a client's claim against the KBA’s Client Security Fund.
Reasoning: 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.