Summary
The Supreme Court of Kentucky permanently disbarred Brentley P. Smith after consolidating twelve disciplinary cases involving forty or more violations of the Kentucky Rules of Professional Conduct. The court adopted the Board of Governors' findings and recommendations and ordered Smith to notify clients and courts, cease advertising, and pay $3,495.08 in costs.
Topics
Practice areas
Questions Presented
- Whether the Board of Governors' findings and recommendations in the consolidated disciplinary cases should be adopted.
- Whether the cumulative misconduct and prior disciplinary history warranted permanent disbarment rather than a one-year suspension.
Holdings
- The court adopted the Board of Governors' findings of fact and conclusions of law in all twelve consolidated disciplinary cases, including the findings in the cases subject to the court's notice of review.
- Permanent disbarment was warranted by Smith's pattern of misconduct, forty or more professional-conduct violations, prior discipline, and failure to participate in the disciplinary proceedings.
Key quotations
“Suffice it to say that the unethical behavior demonstrates a pattern of misconduct in which Smith would accept representation, accept an advance payment of a fee, fail to perform the legal duties to bring the cases to a conclusion, fail to communicate with the clients, fail to be truthful with the clients, fail to return unearned fees, and fail to return files.” (740)
“Respondent, Brentley P. Smith, is permanently disbarred from the practice of law in this Commonwealth;” (740)
Factual background
Smith engaged in a pattern of attorney misconduct involving accepting representations and advance fees, failing to perform legal duties or communicate with clients, making misrepresentations, failing to return unearned fees and client files, and other violations. The Board found forty violations of the Kentucky Rules of Professional Conduct, with a note indicating that the eight later cases involved forty-eight violations in total, and Smith had also received prior discipline.
Procedural history
Four disciplinary cases were consolidated before the Board of Governors, which recommended a one-year suspension. The Supreme Court issued a notice of review under SCR 3.370(9), while eight additional disciplinary cases were consolidated before the Board and resulted in a recommendation of permanent disbarment. Smith did not respond or request review, and the court adopted the Board's findings and conclusions, incorporated the first four cases into the justification for disbarment, and entered a permanent-disbarment order.