Maureen Ann Sullivan v. Kentucky Bar Association

TO Bk 13 4BLRHEpi
,Suprrittr Gurf Tfirtt lifia RI
2016-SC-000467-KB U
AL
/up gp;t, bc_
MAUREEN ANN SULLIVAN MOVANT
KBA MEMBER NO. 84041
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3.480(2), Movant, Maureen Ann Sullivan, moves this
Court to impose a thirty (30) day suspension from the practice of law for her
admitted violations of the Rules of Professional Conduct, probated for two (2)
years on the condition that she not receive any new charges from the Inquiry
Commission during her probationary period. The Kentucky Bar Association
(KBA) has no objection to this negotiated discipline.
Finding this agreed upon disciplinary sanction to be appropriate under
the facts of this case, we grant Movant's motion. Movant's KBA member
number is 84041 and her bar roster address is 1916 Harvard Drive, Louisville,
Kentucky 40205. Movant was admitted to the practice of law in the
Commonwealth of Kentucky on October 17, 1991.
KBA FILE 21740
Movant was suspended from the practice of law on January 23, 2013, for
failure to pay her bar dues. Thereafter, Movant submitted a proper application
for restoration, paid the required fee and unpaid bar dues, and certified that
she had no pending disciplinary matters. However, Movant failed to notify all
clients and courts of her suspension in accordance with her notice of
suspension. The KBA Inquiry Committee conducted an investigation into
Movant's failure to communicate her suspension to current clients and her
continued representation of clients. Movant failed to respond to multiple KBA
inquiry letters. As a result, Movant was charged with violating Supreme Court
Rule ("SCR") 3.130(1.4)(a)(5) (failure to consult with clients about limitations of
representation); SCR 3.130(1.16)(d) (duties upon termination of
representation); SCR 3.130(5.5) (unauthorized practice of law); and SCR 3.130
(8.1)(b) (failure to respond to disciplinary authority).
KBA FILE 21833
On April 4, 2013, a $177.16 Verizon Wireless bill was automatically
deducted from Movant's escrow account, which overdrew the account. Movant
failed to respond to a subsequent request for information by Bar Counsel. The
Inquiry Commission issued a complaint and Movant failed to respond. As a
result, Movant was charged with violating SCR 3.130(1.15)(a) (failure to
maintain funds in escrow); and SCR 3.130(8.1)(b) (failing to respond to lawful
demands for information from a disciplinary authority).
2
KBA FILE 22085
On May 10, 2013, PNC Ban advised the KBA that Movant's client trust
account was overdrawn by $156.70. Movant failed to respond to the multiple
requests for information from Bar Counsel, and the Inquiry Commission issued
a complaint as a result. Movant was charged with violating SCR 3.130 (1.15)(a)
(failure to maintain funds in escrow); and SCR 3.130(8.1)(b) (failing to respond
to lawful demands for information from a disciplinary authority).
Movant now moves this Court to impose a thirty (30) day suspension
from the practice of law for her admitted violations of the Rules of Professional
Conduct, probated for two (2) years on the condition that she not receive any
new charges from the Inquiry Commission during her probationary period.
The KBA has no objection to the proposed discipline, which was
negotiated pursuant to SCR 3.480(2). Upon review of the facts in this case and
relevant case law, we find the proposed discipline appropriate. See, e.g., Rye v.
KBA, 436 S.W.3d 202 (Ky. 2014).
Accordingly, it is hereby ORDERED that:
1. Movant, Maureen Ann Sullivan, KBA Member No. 84041, is found guilty
of the above-described and admitted violations of the Rules of
Professional Conduct;
2. Movant is suspended from the practice of law in the Commonwealth of
Kentucky for thirty (30) days, probated for two (2) years under the
condition that she commits no further ethical violations during the
suspension period;
3
3. If Movant commits any ethical violations during the probationary period,
the KBA should undertake appropriate filings with this Court to revoke
the suspension period;
4. Movant shall timely satisfy all continuing legal education requirements;
5. Movant shall timely pay her KBA member dues;
6. Movant shall cooperate with the conditions of her treatment plan with
the Kentucky Lawyer's Assistance Program (KYLAP); and
7. Pursuant to SCR 3.450, Movant is directed to pay all costs associated
with these disciplinary proceedings for which execution may issue from
this Court upon finality of this Opinion and Order.
All sitting. All concur.
ENTERED: October 20, 2016.
CHIEF JUSTICE
4