James v. Kentucky Bar Ass'n

Summary

The Kentucky Supreme Court approved a negotiated sanction resolving nine disciplinary proceedings against Daniel Warren James. The Court suspended James from practicing law for five years, ordered restitution to several former clients, required participation in KYLAP monitoring, and assessed costs.

Holdings

1. Under SCR 3.480(2), the Court may approve a negotiated sanction agreed upon by the member and Bar Counsel, but acceptance of the sanction remains within the Court's discretion.
2. The proposed discipline was adequate, and James was suspended from the practice of law for five years, required to make specified restitution, submit to KYLAP evaluation and monitoring, notify clients and tribunals, and pay the costs of the proceedings.

Questions Presented

1. Whether the Supreme Court of Kentucky should approve the negotiated sanction resolving the nine pending disciplinary proceedings.
2. Whether the proposed five-year suspension, restitution, treatment monitoring, notification obligations, and costs were adequate in light of James's admitted misconduct and disciplinary record.

Disposition

other