Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kentucky Bar Ass'n v. Thornsberry

Supreme Court of Kentucky

November 21, 2013

KENTUCKY BAR ASSOCIATION, Movant
v.
Ronald E. THORNSBERRY, Respondent.

OPINION AND ORDER

John D. Minton, Jr. Chief Justice.

Respondent, Ronald E. Thornsberry, KBA Member No. 85555,[1] has been charged in KBA File 21272 of violating Count I: SCR 3.130-5.5(a) (a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction); Count II: SCR 3.130-5.5(b) (a lawyer who is not admitted to practice in this jurisdiction, including a lawyer under suspension, shall not establish or maintain an office or other presence in this jurisdiction for the practice of law or hold out to the public or otherwise represent that he is admitted to practice law in this jurisdiction); Count III:

Page 409

SCR 3.130-8.1(b) (a lawyer shall not " knowingly fail to respond to a lawful demand for information fro an admissions or disciplinary authority" ); and Count IV: SCR 3.175(1)(a) (a lawyer shall maintain with the Director a current address at which he may be communicated with by mail and shall upon a change of address notify the Director within 30 days.) This matter arises out of Respondent's representation of a client after he was suspended from the practice of law. The Board of Governors found Respondent guilty on all four counts by a vote of 19-0. The Board recommends that Respondent be suspended from the practice of law for 181 days, to run consecutively to his current suspensions.

For the reasons explained below, we adopt the Board's findings of guilt and accept its proposed sanction of a 181-day suspension from the practice of law, to run consecutively with Respondent's present suspensions.

I. FACTUAL AND PROCEDURAL BACKGROUND

Despite having been suspended from the practice of law for the nonpayment of his 2010-2011 bar dues on March 7, 2011, Respondent continued to practice law. Respondent represented the plaintiff in Ethel Thornsberry v. Berek Weiss, M.D., Perry Circuit Court, Civil Action No. 11-CI-68. His participation in this case included:

• On July 28, 2011, utilizing Thornsberry Law Office letterhead, Respondent wrote a letter to defendant's counsel which included his bar roster address in the signature block of the pleadings.
• On November 1, 2011, Respondent emailed defendant's counsel a status update on his client's responses to discovery requests.
• On March 19, 2012, Respondent's client was deposed at his law office, located at his bar roster address, and Respondent appeared for the deposition.
• On September 27, 2012, Respondent moved the Perry Circuit Court for an extension of time to provide expert reports.

Based on Respondent's conduct in representing the plaintiff in this case, after he was suspended from the practice of law, the Inquiry Commission issued the four count charge against Respondent.

Additionally, because Respondent failed to update his bar roster address after he moved his law office in June 2012, the Inquiry Commission's attempt to serve Respondent with the complaint was unsuccessful. Instead, service was made by the Executive Director, agent for service of process. The Office of Bar Counsel eventually learned that Respondent had moved his law office and he was served at his home address by the Fayette County Constable's office on March 2013. Respondent did not respond to the complaint. Again the Fayette County Constable served Respondent with the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.