Kentucky Bar Ass'n v. Keating

Summary

The Supreme Court of Kentucky adopted the Board of Governors’ recommendation to suspend Thomas Edward Keating, V, from practicing law for eighteen months consecutively to an existing suspension. The disciplinary charges involved lack of diligence, inadequate communication, improper settlement of a potential malpractice claim, misrepresentations, and failure to respond to a bar complaint. The court also referred Keating to the Kentucky Lawyers Assistance Program and assessed $571.70 in costs.

Holdings

1. The Court adopted the Board of Governors' unanimous findings that Keating was guilty of all five charged violations: lack of diligence, failure to communicate, improper settlement of a potential malpractice claim without advising the client regarding independent counsel, misrepresentation, and failure to respond to a disciplinary demand.
2. Keating was suspended from practicing law in Kentucky for eighteen months, with the suspension to become effective upon restoration from his current suspension and to run consecutively to that suspension.
3. Keating was required to protect the interests of existing clients, cease advertising and accepting new clients or unearned fees during the suspension, participate in KYLAP if deemed appropriate, and pay $571.70 in proceeding costs.

Questions Presented

1. Whether Keating violated the cited Kentucky disciplinary rules by failing to diligently pursue Conrad's matter, failing to communicate with her, improperly settling a potential malpractice claim, making misrepresentations, and failing to respond to the disciplinary complaint.
2. What discipline should be imposed for the violations established by default.

Disposition

approved