Inquiry Comm'n v. Clooney

Citation: 571 S.W.3d 93Docket: 2018-SC-000595-KB

Court: Missouri Court of Appeals; April 18, 2019; Missouri; State Appellate Court

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The Inquiry Commission requests the Court to temporarily suspend Andrew Nicholas Clooney, a Kentucky Bar Association member, under Supreme Court Rules (SCR) 3.165(1)(a) and (b) due to probable cause of misappropriating client funds and posing a threat to clients or the public. Clooney's KBA number is 84327, with an address at 2501 Preston Highway, Suite 101, Louisville, Kentucky 40217. An order to show cause was issued on February 14, 2019, but Clooney has not responded. The Inquiry Commission supports its petition with four verified complaints from former clients of Clooney Law Office, along with an additional standard complaint, totaling five civil actions filed in Jefferson Circuit Court.

1. **Rodriguez Representation**: Manuel Rodriguez and others retained Clooney in March 2017 for a personal injury case. Communication was sparse, and Rodriguez later discovered his case had been settled in December 2017 without his knowledge. Clooney allegedly forged signatures on settlement documents and deposited checks into his account, leading to claims of negligence, malpractice, breach of contract, and fraud.

2. **Lazo Representation**: Jose Ricardo Martinez Lazo retained Clooney Law after a motor vehicle accident in November 2016. He experienced minimal communication and learned only later that his case had been settled in June 2017 for $25,000, again without his knowledge. Clooney allegedly forged Lazo's signature and misappropriated the settlement funds, resulting in similar allegations of negligence, malpractice, breach of contract, and fraud.

3. **Lopez Representation**: Jairo Lopez hired Clooney Law after a September 2015 accident. His attempts to communicate were met with silence, and he was later informed that his case had settled in September 2016 for $50,000 without his consent. As with the other clients, Clooney is accused of forgery and misappropriation, leading to allegations of negligence, malpractice, breach of contract, and fraud. 

The Inquiry Commission believes sufficient evidence supports the necessity for Clooney's temporary suspension.

Lopez was not informed about the settlement of his case or the issuance of a check by the insurance carrier. The verified complaint against Clooney includes allegations of negligence, malpractice, breach of contract, and fraud. Similarly, in September 2015, Flor Orantes and others were involved in a motor vehicle accident and subsequently hired Clooney for representation. Despite multiple attempts to contact him, Orantes received no updates and had not communicated with him since signing the contingency fee contract in February 2018. She later learned from her insurance company that her claims had been settled for $11,000 in September 2017 without her consent. The at-fault driver's insurance company provided purportedly signed checks and settlement releases, which Orantes denies having signed or agreed to. 

Additionally, a civil complaint by Eric Hyde against Clooney reveals similar allegations, uncovered through a CourtNet search. The Inquiry Commission found probable cause to believe Clooney misappropriated client funds and poses a risk to clients and the public. Clooney has not responded to the Commission's petition or the order to show cause. As a result, the Commission's request for temporary suspension is granted, leading to the following orders: Clooney is suspended from practicing law in Kentucky until further notice; disciplinary proceedings will commence unless he resigns; he must notify all clients of his inability to provide services within twenty days; and he must cease any advertising activities.