Kentucky Bar Association v. Kenneth Joseph Bader

TO BE PUBLISHED
cSupumt 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, w~ suspended Respondent from the practice of law for a period of
thirty (30) days.
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Similarly, in 2014, Respondent received a private reprimand for the
foilowing: 1) viofa.ting SCR 3.130-1.3 by failing to file a client's bankruptcy
petition irt a timely manner; 2) violating SCR 3.130-1.4(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 3.130-1.4(a)(3) by failing to respond to his client's
requests for infonriation about her bankruptcy proceedings.
Here~ Respondent's miscondu~t 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
discrcrtion, 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:
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I. Respondent, Kenneth Joseph Bader, is ~ound guilty of violating SCR
3.130(1.3), SCR 3.130(1.4)(a)(3),.and SCR 3.130(8. l)(b).
2. Respondent is suspended from the practice of law indefinitely.
3. 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
has matters pending, and all clients of his inability to represent them
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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. Respondent shall immediately
cancel any pending advertisements, fo the extent possible, and shall
terminate an:y advertising activity for the duration of the term of
suspension.
4. Respond~nt is instructed to pro~ptly take all reasonable steps to protect
the.irtterests of his clients. He shall not, during the term of suspension,
accept new clients o.r collect unearned fees, and he shall comply with the
provisions of SCR 3.130-7.50(5).
5. In accordance with SCR 3.450, Respondent is directed to pay all costs
· associated with these disciplinaxy proceedings against him, for which
execution may issue from this Court upon finality of this Opinion and
Order.
All sitting. All concur.
ENTERED: November 2, 2017.
CH
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