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Kentucky Bar Ass'n v. Thornsberry

Citations: 414 S.W.3d 408; 2013 WL 6145246; 2013 Ky. LEXIS 597Docket: No. 2013-SC-000718-KB

Court: Kentucky Supreme Court; November 20, 2013; Kentucky; State Supreme Court

Narrative Opinion Summary

This case involves a member of the Kentucky Bar Association (KBA) who faced multiple charges for practicing law while suspended. The respondent was charged with violating several Supreme Court Rules (SCR), including unauthorized practice of law and failure to maintain a current address with the KBA. The respondent continued to represent clients and conduct legal communications despite his suspension for nonpayment of bar dues. These actions resulted in charges for unauthorized practice and misrepresentation of eligibility to practice law. Moreover, the respondent did not respond to disciplinary requests nor update his address, hindering the Inquiry Commission's proceedings. The Board of Governors reviewed these violations, noting the respondent's significant disciplinary history, which included multiple suspensions for various infractions. The Board found him guilty on all counts and recommended a 181-day suspension to run consecutively with existing suspensions. The court adopted this recommendation, requiring the respondent to notify clients and cease advertising activities, and imposed costs for the proceedings. The decision was formalized by Chief Justice John D. Minton, Jr. on November 21, 2013.

Legal Issues Addressed

Failure to Respond to Disciplinary Authorities under SCR 3.130-8.1(b)

Application: The respondent failed to respond to a lawful request for information from disciplinary authorities, violating the professional conduct rule requiring cooperation with such requests.

Reasoning: Violating SCR 3.130-8.1(b) by failing to respond to a lawful request for information from disciplinary authorities.

Maintenance of Current Address with the Bar under SCR 3.175(l)(a)

Application: Thornsberry did not maintain a current address with the Kentucky Bar Association, complicating the disciplinary process as the Inquiry Commission could not serve him with the complaint.

Reasoning: Violating SCR 3.175(l)(a) by not maintaining a current address with the KBA and failing to notify the KBA of his address change.

Misrepresentation of Professional Status under SCR 3.130-5.5(b)

Application: Thornsberry maintained a law office and presented himself as eligible to practice law in Kentucky, despite his suspension, which constitutes misrepresentation under this rule.

Reasoning: Violating SCR 3.130-5.5(b) by maintaining an office and representing himself as eligible to practice law in Kentucky while under suspension.

Sanction for Multiple Disciplinary Violations

Application: Based on Thornsberry's extensive disciplinary history and recent violations, the Board of Governors recommended a consecutive 181-day suspension, which the court adopted.

Reasoning: Ultimately, the Board of Governors found him guilty on all counts by a unanimous vote and recommended a consecutive 181-day suspension from practicing law.

Unauthorized Practice of Law under SCR 3.130-5.5(a)

Application: The respondent continued to practice law in Kentucky despite being suspended, thereby violating the prohibition against practicing law in a jurisdiction where doing so is not authorized.

Reasoning: Ronald E. Thornsberry faces four charges related to practicing law while suspended. The charges include: Violating SCR 3.130-5.5(a) by practicing law in a jurisdiction against its regulations.