AMEND~D: NOVEMBER 7, 2017
TO BE PUBLISHED
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KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
KENNETH JOSEPH BADER RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association ("KBA") moves this Court, pursuant to
SCR 1 3.380(2), to suspend Respondent, Kenneth Joseph Bader, KBA Number
02455, for failure to Answer the Charge in KBA file 16-DIS-0304. Respondent
maintains a bar roster address at 544 Baxter Avenue, Suite 200, Louisville,
Kentucky 40204. KBA file 16-DIS-0304 concerns Respondent's failure to
answer a Bar Complaint filed by his former client, Linda Mattingly, with respect
to his mishandling of her personal injury case. The Jefferson County Sheriffs
Department personally served Respondent with the Bar Complaint on
Nov:ember 30, 2016. After Respondent f~iled to file an Answer to the
Complaint, the Inquiry Commission issued a three-count Charge against him,
1 Supreme Court Rules.
on February 16, 2017, alleging a violation of SCR 3.130{1. 3), which requires a
lawyer to act with reasonable diligence and promptness in the representation of
a client. Respondent violated this Rule when he failed to perform any work in
his client's personal injury case for approximately two years until its dismissal.
Respondent was also charged with violating SCR 3.130(1.4)(a)(3),. which
requires an attorney to keep his clients informed about the status of their case ..
Respondent violated this Rule when he failed to inform his client her personal
injury case had been dismissed. Finally; Respondent was charged with
violating SCR 3.130(8.l)(b), which requires a lawyer to respond to a lawful
demand for information from a disciplinary authority. Respondent violated this
Rule by failing to respond to the Bar Complaint. The Jefferson County Sheriffs
Department personally served Re_spondent with the three-count Charge, yet he
failed to file an Answer, and has not participated in any stage of these
proceedings.
This matter is not the first time Respondent has been cited and
disciplined for his misconduct as a practicing attorney. Recently, this Court
found Respondent guil~ of one count of violating SCR 3.130(3.4)(c) for
knowingly disobeying an obligation under the rules.of a tribunal, and one
count of SCR 3.130(8. l)(b) for failing to respond to' a lawful demand· for
information from a disciplinary authority. Ky. Bar Assoc. v. Bader, -- S.W.3d --
' 2017 WL 4310500 (Ky. Sept. 28, 2017). Notably, Respondent likewise failed to
·participate in that disciplinary proceeding. Because of his committed
2.
violations, we suspended Respondent from the practice of law for a period of
thirty (30) days.
· Similarly, in 2014, Respondent received a private reprimand for the
following: 1) violating SCR 3.130-1.3 by failing to file a client's bankruptcy
petition in a timely manner; 2) violating SCR 3.130-1.4(a)(2) by failing to tell his.
client that he was not filing her bankruptcy petition because she had not paid
his fee; and 3) violating SCR 3.130-l.4(a)(3) by failing to respond to his client's
requests for information about her bankruptcy proceedings.
Here, Respondent's misconduct in KBA file 16-DIS-0304 in large part
mirrors that for which he has been previously disciplined, and indicates
repeated noncompliance with the rules of his chosen profession. In the case of
'Ky. Bar Assoc. v. Benton, 449 S.W.3d 368 (Ky. 2014), this Court exercised its
. discretion, pursuant to SCR 3.380, to suspend Benton indefinitely until he
appeared and accounted for his failure to answer the disciplinary charges.
Likewise, here we believe that indefinite suspension of Respondent's license ·to
practice law is warranted until he appears and accounts for his behavior.
ACCORDINGLY, IT IS ORDERED THAT: ·
1. Respondent is suspended from the practice of law indefinitely pursuant
to SCR 3.380(2).
2. As required by SCR 3.390, Respondent will, if he has not already done
so, within 10 days after issuance of this order of suspension from the
practice of law for more than 60 days, notify, by letter duly placed with
the United States Postal Service, all courts .or other tribunais in which he
3
has matters pending, and all clients of his inability to represent them
and of the necessity and urgency to promptly obtain new counsel.
Respondent shall simultaneously provide a copy of all such letters of
notification to the Office of Bar Counsel. Respondent shall immediately
.. cancel any pending advertisements, to the extent possible, and shall
terminate any advertising activity for the duration of the term of
suspension.
3. Respondent is instructed to promptly take all reasonable steps to protect
the interests of his clients. He shall not, during the term of suspension,
accept new clients or collect unearned fees, and he shall comply with the
provisions of SCR 3.130-7.50(5).
All sitting. All concur.
ENTERED: November 2, 2017.
c
4
AMENDED: NOVEMBER 7, 2017
TO BE PUBLISHED
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2017-SC-000312-KB
KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
KENNETH JOSEPH BADER RESPONDENT
ORDER
The Opinion and Order of the Court entered November 2, 2017, is amended on
its face by substitution of the attached Opinion and Order in lieu of the original Opini~n
and Order. Said correction does not affect the holding of the original Opinion and Order
of the Court.
ENTERED: November 7 , 2017.