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Kentucky Bar Ass'n v. Pendleton

Supreme Court of Kentucky

February 19, 2015

KENTUCKY BAR ASSOCIATION, MOVANT
v.
NATHANIEL T. PENDLETON, RESPONDENT

Released for Publication March 3, 2015.

Minton, C.J., Abramson, Cunningham, Keller, Noble and Venters, JJ., sitting. All concur.

OPINION

John D. Minton Jr., C.J.

Page 608

IN SUPREME COURT

OPINION AND ORDER

Respondent, Nathaniel T. Pendleton, KBA Member No 93224, was admitted to the practice of law in the Commonwealth of Kentucky on October 23, 2009, and his bar roster address is listed as 201 S. Broadway #1, Georgetown, Kentucky, 40324.

In three disciplinary files the Board of Governors (Board) unanimously found Respondent guilty of all counts charged in each file. For these violations the Board recommends by a vote of 17-2 that Respondent be permanently disbarred from the practice of law.

I. BACKGROUND

A. KBA File No. 21818

Respondent was suspended from the practice of law for nonpayment of bar dues on January 23, 2013, and has not been reinstated. Following his suspension, however, Respondent continued to practice law in Fayette and Woodford Counties, during which time he continued to represent clients and make appearances and file court documents on their behalf, including Daniel James Price, Andrew Wiggens, and Justin Lee Chaplin. Following the initiation of the complaint and charges in this file, Respondent failed to respond in any manner.

As a result of the above conduct Respondent was charged with violating SCR 3.130-5.5(a)[1] for practicing law on a suspended license; SCR 3.130-3.4(c)[2] for knowingly disobeying an obligation under the rules of a tribunal; and SCR 3.130-8.1(b)[3] for knowingly failing to respond to a lawful demand for information by the KBA.

B. KBA File No. 22616

While his license was suspended, Respondent represented Daniel J. Price in a divorce proceeding in Woodford County and appeared in court on Mr. Price's behalf on February 5, 2013. Further, Respondent failed to communicate with Mr. Price and repeatedly cancelled appointments during the representation. Respondent also failed to file documents with the court in a timely manner. Mr. ...


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