Richard Davis Null v. Kentucky Bar Association ( 2023 )

TO BE PUBLISHED
Supreme Court of Kentucky
2022-SC-0422-KB
RICHARD DAVID NULL MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
This Court’s December 15, 2022, Opinion and Order in this matter1
resolved eight (8) separate disciplinary actions taken against Null and imposed
a one-year suspension from the practice of law with 180 days of such
suspension to be served, and 185 days of the suspension being probated for
two (2) years subject to certain listed conditions.
On April 26, 2023, the Kentucky Bar Association (KBA) made motion for
this Court to enter a show cause order against Null for multiple violations of
the conditions of his probation imposed by this Court. Specifically, the KBA
alleged that Null had not: (a) refunded the $11,025 in unearned fees to his
1 Null v. Kentucky Bar Association, 2022-SC-0422-KB, 2022 WL
19330699 (Ky. Dec. 15, 2022)
clients; (b) attended or completed the Ethics and Professionalism Enhancement
Program (EPEP); (c) attended or completed the Trust Account Management
Program (TAMP); (d) paid the $558.01 in costs imposed in this action; and (e)
notified all current clients and courts in which he had matters pending of his
suspension; each of which were ordered by this Court.
On May 19, 2023, this Court entered an Order to Show Cause directing
Null to show cause why the 185-day probated portion of his one-year
suspension should not be imposed for his failures to conform with this Court’s
prior Order as alleged by the KBA. The Order to Show Cause further directed
Null to do so within ten (10) days.
As of the date of the entry of this Order, Null has filed no pleadings or
documentation whatsoever in conformity with our show cause order.
In accord with the foregoing, IT IS HEREBY ORDERED that:
1. The 185-day suspension, previously probated, is now imposed on
Richard Davis Null as a suspension from the practice of law due to his failure
to show cause and his failure to comply with the terms of his probation as
provided for in this Court’s Opinion and Order dated December 15, 2022. This
185-day suspension is in addition to the 180- day suspension previously
imposed by this Court and now constitutes a total suspension of one year, all
in conformity with our December 15. 2022 Opinion and Order as modified on
March 23, 2023.
2. Pursuant to SCR 3.390, Null, if he has not already done so, shall,
within ten (10) days from the entry of this Order, notify all clients in writing of
his inability to represent them, and notify all courts in which he has matters
pending of his suspension from the practice of law, and furnish copies of said
letters of Notice to the Office of Bar Counsel.
3. During the time of his suspension, Null shall not accept new clients or
collect unearned fees.
4. Pursuant to SCR 3.390, Null shall, to the extent possible, immediately
cancel and cease any advertising activities in which he is engaged.
VanMeter, C.J.; Bisig, Conley, Lambert, Keller, and Thompson, JJ.,
concur. Nickell, J., not sitting.
ENTERED: August 24, 2023
_____________________________________
CHIEF JUSTICE