KENTUCKY BAR ASS'N v. Glidewell
348 S.W.3d 759
Ky.2011Background
- KBA charged Glidewell with multiple violations of the Rules of Professional Responsibility based on three files (13184, 13535, 14856).
- In KBA File 13184, Glidewell filed a lien against Genella Shaheen’s premarital property after withdrawing from a divorce matter, then refused to remove it despite Shaheen’s requests and mediation damages; lien was eventually removed after mediation.
- In KBA File 13535 and 14856, Glidewell failed to respond to bar complaints despite personal service and multiple notices from the Inquiry Commission, leading to charges under SCR 3.130-8.1.
- Trial commissioner consolidated the three matters; after a hearing, found Glidewell violated SCR 3.130-4.4, SCR 3.130-8.3(b), and SCR 3.130-8.1(b), and noted aggravating factors from prior disciplinary history.
- The commissioner recommended a three-year suspension, citing repeated offenses, vulnerable victims, and Glidewell’s history of prior suspensions for serious ethical violations.
- The Kentucky Supreme Court adopted the recommendation, issuing a three-year suspension consecutive to previous suspensions, with accompanying duties to notify clients and courts and to pay costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing and maintaining an improper lien violated 4.4 | Lien was groundless and intended to burden a third party. | Glidewell's position not detailed in opinion. | Yes, violation established. |
| Whether filing an illegal lien violated 8.3(b) | Lien violated statute and reflected dishonesty in professional fitness. | Glidewell's position not detailed in opinion. | Yes, violation established. |
| Whether Glidewell violated 8.1(b) by failing to respond to disciplinary inquiries | Failure to respond amounted to misconduct under 8.1(b). | Glidewell's position not detailed in opinion. | Yes, violation established. |
| Whether aggravating factors and Glidewell's prior discipline justify the sanction | Multiple offenses, vulnerable victims, pattern of misconduct; prior suspensions justify severe discipline. | Glidewell's position not detailed in opinion. | Yes, aggravating factors support substantial discipline. |
| Whether the suspension should be consecutive to prior suspensions | Court should impose a three-year suspension with consecutive effect due to history. | Glidewell's position not detailed in opinion. | Yes, three-year suspension consecutive to prior suspensions. |
Key Cases Cited
- Kentucky Bar Ass'n v. Miniard, 289 S.W.3d 191 (Ky. 2009) (aggravating factors can justify increased discipline)
- Kentucky Bar Ass'n v. Bierbauer, 282 S.W.3d 318 (Ky. 2009) (aggravating circumstances justify greater sanction)
- Kentucky Bar Ass'n v. Glidewell, 241 S.W.3d 316, 241 S.W.3d 316 (Ky. 2007) (prior misconduct and probationary suspension history)
- Kentucky Bar Ass'n v. Glidewell, 297 S.W.3d 564, 297 S.W.3d 564 (Ky. 2009) (suspension based on repeated ethical violations)
- Kentucky Bar Ass'n v. Glidewell, 307 S.W.3d 625, 307 S.W.3d 625 (Ky. 2010) (three-year suspension, pattern of misconduct and prior discipline)
