TO BE PUBLISHED
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2016-SC-000373-KB LI Ll
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MICHAEL STEPHEN WADE MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Michael S. Wade, Kentucky Bar Association (KBA) Member No. 91281,
bar roster address 676 Pinetop Road, Russell Springs, Kentucky, 42642, was
admitted to the practice of law in the Commonwealth of Kentucky on May 1,
2006. He has been under temporary suspension from the practice of law since
October 2012.
Wade received two Charges of professional misconduct stemming from
separate criminal proceedings in Jefferson and Bullitt counties. The Jefferson
County case related to Wade's representation of Samantha McAllister and was
resolved by Alford plea and felony Pretrial Diversion. The Bullitt County case
related to Wade's drug offenses was resolved by guilty plea and felony Pretrial
Diversion. The two KBA Charges accuse Wade of violating SCR 3.130(1.4)(a),
3.130(1.15)(a), 3.130(1.15)(b), 3.130(8.4)(b), and 3.130(8.4)(c). In face of these
Charges, Wade moves this Court to enter an order accepting his Motion for
Consensual Discipline. The KBA makes no objection to the motion.
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KBA File No. 19610
This Charge relates to representation Wade provided to McAllister in a
personal-injury case arising from a December 16, 2009, motor vehicle accident.
After a brief time pursuing the claim, the insurance company agreed to settle
McAllister's claim for $5,500. In December 2010, the insurer mailed a
settlement check payable to McAllister and Wade. In attempts to facilitate the
distribution of settlement funds, Wade endorsed the check with his name and
McAllister's.
Wade then made efforts to arrange a meeting with McAllister and her
father to sign release documentation and make the net distribution from the
settlement recovery. An appointment was set up several days after he deposited
the check to make the distributions, but McAllister missed the appointment
and the distribution did not occur. Over the ensuing three months, Wade made
attempts to communicate with McAllister to come to the office, and McAllister
also apparently tried, and failed, to set up the appointment with Wade.
Years before his representation of McAllister, Wade suffered from anxiety
and depression and an active drug and alcohol addiction. In June 2011, Wade
was arrested in Bullitt County on drug-related offenses, the subject of the other
KBA Charge filed against him. He ultimately spent five months in an inpatient
rehabilitation facility.
After his release, he made arrangements to finally distribute to McAllister
her settlement recovery. On December 13, 2011, through assistance of counsel,
he submitted release documentation and a check to McAllister for $4,000—
payment in full for the net amount she was entitled.
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Soon after, Wade was indicted in Jefferson Circuit Court for matters
arising out of his representation of McAllister. He was charged with second-
degree criminal possession of a forged instrument and theft by failure to make
required disposition of property. The forged-instrument charge related to his
endorsement of the December 2010 check, while the theft offense related to his
belated distribution of settlement funds to McAllister.
In March 2014, Wade entered an Alford guilty plea as part of an
agreement to receive felony pretrial diversion for four years.
KBA File No. 19610 contains a five-count Charge against Wade for
violating (1) SCR 3.130(1.4)(a) for failure to keep a client reasonably informed
and promptly complying with reasonable requests for information, (2)
3.130(1.15)(a) for failure to keep client property in a separate bank account, (3)
3.130(1.15)(b) for not promptly delivering to the client funds or property she
was entitled to receive, (4) 3.130(8.4)(b) for committing a criminal act that
reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a
lawyer, and (5) 3.130(8.4)(c) for engaging in conduct involving dishonesty,
fraud, deceit, or misrepresentation. Wade admits his conduct fell below that
required of an attorney in Kentucky and admits his violation of the above-
stated rules of professional conduct.
KBA File No. 19905
This Charge concerns the Bullitt Circuit Court criminal case relating to
Wade's drug offenses. This case was resolved by a guilty plea subject to
receiving felony Pretrial Diversion. In the time since his conviction he has taken
a number of steps to treat his drug and alcohol addiction, including extensive
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inpatient treatment, entering a supervision with KYLAP, and regularly
attending twelve-step support meetings.
Wade readily admits that his pattern of drug and alcohol abuse, as well
as his criminal proceedings, subjects him to disciplinary sanction from this
Court. Sure enough, this Charge includes one charge for violation of SCR
3.130(8.4)(b), asserting that his criminal acts reflected adversely on his
honesty, trustworthiness, or fitness as a lawyer. Wade admits that his actions
fell below conduct expected of a licensed attorney in Kentucky.
ANALYSIS
Wade moves this Court to accept his motion for consensual discipline for
these violations of the Kentucky Rules of Professional Conduct. He urges us to
enter an Order suspending his license to practice law in Kentucky for a period
of four years and six months (until April 26, 2017), retroactive from October
26, 2012, or until such time as he has satisfied the full terms and conditions of
pretrial diversion in the Jefferson and Bullitt Circuit Court proceedings,
whichever event last occurs. The KBA, after a thorough review of his motion
and analogous case law, has no objection to Wade's proposed discipline. We too
are satisfied with the negotiated sanction, and agree to grant the motion.
For the foregoing reasons, the Court ORDERS that:
1. Michael Stephen Wade, KBA Member No. 91281, is guilty of all charges
alleged in KBA File Nos. 19610 and 19905.
2. Wade's Motion for Consensual Discipline is granted.
3. Wade is hereby suspended from the practice of law for four years and six
months, retroactive from October 26, 2012. The suspension shall last
until April 26, 2017, or until he has satisfied the full terms and
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conditions of the criminal proceedings in 11-CR-00238, Bullitt Circuit
Court, and 12-CR-001889, Jefferson Circuit Court, whichever event last
occurs. His reinstatement is also subject to approval from the Character
& Fitness Committee under SCR 3.505.
4. This discipline is conditioned on Wade's continued participation with
KYLAP, on such terms and conditions as KYLAP may determine. Wade
shall execute a release in favor of the Office of Bar Counsel so that Bar
Counsel may obtain status-report information concerning Wade's
participation in KYLAP.
5. In accordance with SCR 3.450, Wade is directed to pay all costs
associated with these disciplinary proceedings, for which execution may
issue from this Court upon finality of this Opinion and Order.
All sitting. All concur.
ENTERED: September 22, 2016.
CHI STICE JOHN D. MINTON,
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