Kentucky Bar Association v. Kenneth Joseph Bader

AMENDED: NOVEMBER 7, 2017
TO BE PUBLISHED
juprttttt 2017 WL 4310500 (Ky. Sept. 28, 2017). Notably, Respondent likewise failed to
participate in that disciplinary proceeding. Because of his committed
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violations, we suspended Respondent from the practice of law for a period of
thirty (30) days.
Similarly, in 2014, Respondent received a private reprimand for the
following: 1) violating SCR 3.130-1.3 by failing to file a client's bankruptcy
petition in a timely manner; 2) violating SCR 3.130-l.4(a)(2) by failing to tell his
client that he was not filing her bankruptcy petition because she had not paid
his fee; and 3) violating SCR 3.130-l.4(a)(3) by failing to respond to his client's
requests for information about her bankruptcy proceedings.
Here, Respondent's misconduct in KBA file 16-DIS-0304 in large part
mirrors that for which he has been previously disciplined, and indicates
repeated noncompliance with the rules of his chosen profession. In the case of
Ky. Bar Assoc. v. Benton, 449 S.W.3d 368 (Ky. 2014), this Court exercised its
discretion, pursuant to SCR 3.380, to suspend Benton indefinitely until he
appeared and accounted for his failure to answer the disciplinary charges.
Likewise, here we believe that indefinite suspension of Respondent's license to
.practice law is warranted until he appears and accounts for his behavior.
ACCORDINGLY, IT IS ORDERED THAT: ·
1. Respondent is suspended from the practice of law indefinitely pursuant
to SCR 3.380(2).
2. As required by SCR 3.390, Respondent will, if he has not already done
so, within 10 days after issuance of this order of suspension from the
·practice of law for more than 60 days, notify, by letter duly placed with
the United States Postal Service, all courts or other tribunals in which he
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ha~ matters pending, and all clients of his inability to represent them
and of the necessity and urgency to promptly obtain new counsel.
Respondent shall simultaneously provide a copy of all such letters of
notification to the Office of Bar Counsel. Re.spondent shall immediately
'
. cancel any pending advertisements, to the extent possible, and shall
terminate any advertising activity for the duration of the term of
suspension.
3. Respondent is instructed to promptly take all reasonable steps\o protect
the interests of his clients. He shall not, during the term of suspension,
accept new clients or collect unearned fees, and· he shall comply with the
provisions of SCR 3.130-7.50(5).
All sitting. All concur.
ENTERED: November 2, 2017.
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AMENDED: NOVEMBER 7, 2017
TO BE PUBLISHED
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2017-SC-000312-KB
KENTUCKY BAR ASSOCIATION MOVANT
V. . IN SUPREME COURT
KENNETH JOSEPH BADER RESPONDENT
ORDER
The Opinion and Order of the Court entered November 2, 2017, is amended on
its face by substitution of the attac,hed Opinion and Order in lieu of the original Opinion
and Order. Said correction does not affect the holding of the original Opinion and Order
·of the Court.
ENTERED: November 7 , 2017.