TO BE PUBLISHED
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2007-SC-000331-KB
KENTUCKY BAR ASSOCIATION MOVANT
IN SUPREME COURT
KEVIN M . CALLIHAN RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) moves us to find Respondent, Kevin
M. Callihan, KBA Member No. 10110, guilty of violating SCR 3.130-3 .3(a)(1) and
SCR 3 .130-8 .3(c). Callihan was admitted to the practice of law in Kentucky in
October 1982. His bar roster address is 26 East Park Drive, Apartment D,
Athens, Ohio 45701-5002 .
KBA FILE NO . 13014
Callihan was suspended from the practice of law in Kentucky on February
7, 2002, for nonpayment of dues . Callihan has not been reinstated and is not
licensed to practice law in another jurisdiction .
On April 22, 2005, Callihan sent a document entitled "Curriculum Vitae" by
email to Frank Doheny, the Trial Commissioner in a prior disciplinary action
against him (KBA File No. 8865) . The curriculum vitae stated that Callihan was a
general practice attorney, currently on "administrative school leave ." In addition,
the accompanying email stated that Callihan was an attorney . A subsequent
version of the curriculum vitae stated that Callihan retired as an attorney to
pursue additional education and that he is on leave from the KBA for
postgraduate studies .
On December 6, 2005, the KBA initiated disciplinary proceedings against
Callihan for falsely representing to Doheny that he was an attorney during a
period when he was suspended, and for sending curriculum vitae that gave false
information about his status and the reasons for his suspension . The Inquiry
Commission charged Callihan with violating SCR 3.130-5 .5(a) (a lawyer shall not
practice law in a jurisdiction where doing so violates the regulation of the legal
profession in that jurisdiction), SCR 3.130-3.3(a)(1) (a lawyer shall not knowingly
make a false statement of material fact or law to a tribunal), and SCR 3.130-
8 .3(c) (it is professional misconduct for a lawyer to engage in conduct involving
dishonesty, fraud, deceit or misrepresentation).
The hearing for this matter was held on October 16, 2006 . The KBA
presented the testimony of two witnesses, including Doheny. Callihan, appearing
p ro se, offered
no defense, did not question the witnesses, offered no exhibits,
and presented no witness testimony on his behalf . Callihan asserted his right to
remain silent and refused to answer questions.
As to the first count, the Trial Commissioner found Callihan not guilty of
violating SCR 3.130-5.5(a), because there was no evidence presented that
Callihan had engaged in the practice of law during his suspension . The Trial
Commissioner found Callihan guilty of violating SCR 3 .130-3 .3(a)(1), because
Callihan knowingly and falsely represented that he was authorized to practice law
by presenting the email and his curriculum vitae to Doheny. Finally, the Trial
Commissioner found Callihan guilty of violating SCR 3.130-8 .3(c), because the
information contained in his curriculum vitae and his email fraudulently and
deceitfully misrepresented to Doheny and anyone else who received those
documents that Callihan was a lawyer in good standing with the KBA.
For these violations, the Trial Commissioner recommended, and the
Board of Governors adopted as such, that Callihan be suspended from the
practice of law for a period of thirty (30) days . The Trial Commissioner, in
making this recommendation, considered Callihan's disciplinary history .
CONCLUSION
After careful consideration of the facts and upon the recommendation of
the KBA, this Court orders that Kevin M . Callihan be suspended from the practice
of law for thirty (30) days.
Thus, it is ORDERED that:
1. Kevin M . Callihan, KBA Member No. 10110, is adjudged guilty of
violating SCR 3 .130-3 .3(a)(1) and SCR 3 .130-8 .3(c) .
2. He shall therefore be suspended from the practice of law for thirty
(30) days, to be served consecutively to his previous suspension of
181 days.
3. Pursuant to SCR 3.450, the total costs of these proceedings,
including $1,117 .21 certified as of May 11, 2007, shall be assessed
against him.
All sitting . All concur.
ENTERED : November 1, 2007.