Summary
The Kentucky Supreme Court granted Arthur W. Pulliam's motion for a 61-day suspension from the practice of law, probated for two years. The court found violations arising from Pulliam's filing and pursuing claims against a client, continuing to represent that client during a criminal prosecution, and a second DUI conviction, while dismissing one charged count. The order imposed alcohol-abstinence, treatment, monitoring, reporting, and cost-payment conditions.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Kentucky should accept Pulliam's proposed sixty-one-day suspension, probated for two years, in light of his admissions and the Kentucky Bar Association's lack of objection.
- Whether Count III alleging a violation of SCR 3.130-3.4(f) should be dismissed.
Holdings
- The court granted Pulliam's motion and suspended his license to practice law for sixty-one days, with the suspension probated for two years subject to specified conditions.
- The court dismissed Count III, which alleged that Pulliam violated SCR 3.130-3.4(f) by participating in a criminal prosecution to collect an unenforceable debt.
Key quotations
“We order that Movant’s license to practice law is suspended for sixty-one days from the date of this Order, with the suspension probated for a period of two years on the following terms and conditions:” (84 S.W.3d at 457)
“Wherefore, the motion of Movant, Arthur W. Pulliam, is hereby granted as set forth above.” (84 S.W.3d at 458)
Factual background
Pulliam represented Steven S. Woosley in a civil action while also becoming Woosley's landlord and creditor through a rental agreement and personal loans. Pulliam sued Woosley, obtained a default judgment, attempted to garnish his wages, and filed a proof of claim in Woosley's bankruptcy proceeding. While still counsel of record, Pulliam testified before a grand jury against Woosley and pursued criminal charges connected to damage to Pulliam's rental property. Pulliam also pleaded guilty to a second DUI offense and acknowledged an alcohol-dependency problem.
Procedural history
The Inquiry Commission charged Pulliam with four counts of unethical or unprofessional conduct. Pulliam admitted Counts I, II, and IV, sought dismissal of Count III, and requested a sixty-one-day suspension probated for two years. The Supreme Court of Kentucky accepted the proposed discipline, dismissed Count III, and imposed the suspension subject to probationary conditions.