Inquiry Commission v. Sivalls

Summary

The Kentucky Supreme Court temporarily suspended Tammie Jones Sivalls from practicing law after finding probable cause to believe that she misappropriated or improperly handled client funds and posed a substantial threat of harm to clients or the public. The order required her to notify clients, cease advertising, and face disciplinary proceedings unless she resigned under terms of disbarment.

Holdings

1. The Court concluded that probable cause existed to believe Sivalls was or had been misappropriating funds held for others to her own use or was otherwise improperly dealing with those funds.
2. The Court concluded that probable cause existed to believe Sivalls's conduct posed a substantial threat of harm to her clients or to the public.
3. Sivalls was temporarily suspended from practicing law in Kentucky effective immediately and until superseded by a subsequent order; the Court also required initiation of disciplinary proceedings, client notifications, and cessation of advertising.

Questions Presented

1. Whether the submitted materials established probable cause to believe that Sivalls had misappropriated or otherwise improperly dealt with funds held for others.
2. Whether the submitted materials established probable cause to believe that Sivalls's conduct posed a substantial threat of harm to her clients or to the public.
3. Whether temporary suspension and related protective measures were warranted under SCR 3.165.

Disposition

other