Narrative Opinion Summary
In this disciplinary proceeding, an attorney, who has been practicing law in Kentucky since 1965, faced charges from the Kentucky Bar Association (KBA) for professional misconduct arising from his involvement in a probate case. The attorney represented conflicting interests by advocating for both a mother and her minor children whose inheritance could be adversely affected by the mother's claims. He was charged with violating SCR 3.130-1.7(a) for this conflict of interest. Further, he was found to have violated SCR 3.130-3.1 by obtaining a garnishment order and filing a lawsuit against the estate’s administrator without merit, leading to sanctions under Civil Rule 11 for frivolous litigation. Acknowledging these violations, the attorney reached an agreement with Bar Counsel for a 30-day suspension, participation in an Ethics and Professionalism Enhancement Program, and payment of $1,617.50 in disciplinary costs. The court approved this negotiated sanction, considering the attorney's prior disciplinary history and comparing the severity of his actions to precedent cases. The order was officially entered on December 19, 2013, marking the resolution of these disciplinary proceedings.
Legal Issues Addressed
Conflict of Interest under SCR 3.130-1.7(a)subscribe to see similar legal issues
Application: The attorney represented conflicting interests in a probate case, compromising the children's inheritance by advocating for their mother's claims.
Reasoning: The court identified a conflict of interest between his client, Doris Whittaker (the decedent's ex-wife), and her minor children, as Doris's claims could diminish the children's inheritance.
Disciplinary Sanctions and Remedial Measuressubscribe to see similar legal issues
Application: The court approved a negotiated sanction involving a suspension, ethics program participation, and costs payment following the attorney’s acknowledgment of misconduct.
Reasoning: The Court, after evaluating the case, agreed to the proposed sanctions, which included a 30-day suspension from practicing law, mandatory completion of an Ethics and Professionalism Enhancement Program, and payment of disciplinary costs totaling $1,617.50.
Frivolous Litigation under SCR 3.130-3.1subscribe to see similar legal issues
Application: The attorney was sanctioned for filing a frivolous lawsuit and obtaining an unsupported garnishment order, violating Civil Rule 11.
Reasoning: Count I involved a breach of SCR 3.130-3.1, as the Movant acknowledged obtaining improper garnishment, filing a frivolous lawsuit, and violating Civil Rule 11.
Sanctions for Violations of Civil Rule 11subscribe to see similar legal issues
Application: The court imposed sanctions on the attorney for filing actions without legal merit, resulting in unnecessary litigation costs.
Reasoning: In December 2008, Anderson obtained a garnishment order on behalf of Doris, which the court later deemed violative of Civil Rule 11 due to lack of legal support and unnecessary litigation costs, resulting in a $1,200 sanction against him.