RENDERED: SEPfEMBER 28, 2017
. TO BE PUBLISHED
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2017-SC-000297-KB
KENTUCKY BAR ASSOCIATION MOVANT .
V. IN SUPREME COURT
ALAN RICHARD STEWART RESPONDENT.
OPINION AND ORDER
On April 26; 2017, the Wisconsin Supreme Court suspended Alan
Richard Stewart for nine months.I Thereafter, the KBA filed a petition with
this Court asking that we impose reciprocal discipline pursuant to SCR
. 3.435(4). We ordered Stewart to show cause why we, should not impose su~h
·discipline and he failed to respond. Because Stewart failed to show cause as to
why we should not impose reciprocal discipline, this Court hereby suspends·
· him from. the practice of law for nine months, as consistent with the order of
the Wisconsin Supreme Court.
1 Stewart was admitted 'to the practice of law in the Commonwealth of Kentucky
on May 21, 1993. His bar roster addi"ess is 46 Brentwood Lane, Appleton, Wisconsin,
54915, and his KBA number is 84734. ·
I. BACKGROUND
Stewart represented clients in tyvo separate patent applications. The
clients paid Stewart advanced fees, for a combined amount in excess of
$12,000, but Stewart failed to draft the applications or perform any other
meaningful work. Stewart did no! respond'to his clients' attempts to contact
him and he failed to keep them reasonably informed about the status of their
cases. Stewart did not refund the fees his clients had advanced to him, and
did not return his clients product sample and papers even after the clients
requested their return. · Stewart failed to respond to the ensuing bar
complaints or to additional requests for information.
The Wisconsin Supreme Court order indicates that Stewart admitted to
violating Wisconsin's equivalent of Kentucky's SCR 3.130-1.3 for failing to act
with reasonable diligence and promptness in representing his clients; -1.4(a)(3)
and (4) for failing to keep his client reasonably informed about the status of his
case .and failing to promptly comply with reasonable .r~quests for inforination; ..:
l.5(a) for charging unreasonable .fees; -L16(d) for failing to return unearned
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fees and failing to surrender clients' property; -8.4(c) for engaging in conduct
involving dishonesty, fraud, deceit, or misrepresentation; and -8. l(b) for failing
to cooperate in the investigation ofhis ethical violations ..
II. ANALYSIS
· If an atto~ey licensed to practice law in this Commonwealth receives
disdpline in another jurisdiction, SCR 3.435(4) generally requires· this Court to
impose identical discipline. Furthermore, SCR 3.435(4)(c) requires this Court
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to recognize that "[i]n all other respects" a final adjudication of misconduct in
.another jurisdiction establishes conclusively the same misconduct for purposes
of a disdplinary proceeding in Kentucky. Pursuant.to SCR 3.435{4), we impose
reciprocal discipline as Stewart failed.to prove "by substantial evidence: {a) a
lack of Jµrisdiction or fraud in the (Wiscon_sin] disciplinary proceeding, or {b)
that misconduct established warrants substantially different discipline in this
State."
III. ORDER
)
Having failed to timely show sufficient cause, it is. hereby ORDERED as
'
follows:
1. Stewart is hereby suspended from the practice of law in Kentucky
for a period of nine months, effective immediately from the· date of
entry of this Order;
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2. Pursuant to SCR 3.450, Stewart is directed to pay the costs
associated with this proceeding, if any, for which execution may
issue from this Court upon finality of this Opinion and Order; and
3. Pursuant to SCR 3.390, Stewart shall, within ten days from the r
entry of this Opinion and Order., notify all Kentucky clients, in
writing, of his inability to represent them; notify, in writing, all
Kentucky courts in which he has matters pending of his
suspension from the practice of law; and furnish copies of all
letters of notice to the Office of Bar Counsel of the KBA.
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Furthermore:, to the extent possible, Stewart shall immediately
cancel and cease any advertising activities in which he is engaged.
All sitting. All concur.
ENTERE.D: September 28, .2017.
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