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KENTUCKY BAR ASS'N v. Glidewell
348 S.W.3d 759
Ky.
2011
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Background

  • 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)
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Case Details

Case Name: KENTUCKY BAR ASS'N v. Glidewell
Court Name: Kentucky Supreme Court
Date Published: Aug 25, 2011
Citation: 348 S.W.3d 759
Docket Number: 2011-SC-000206-KB
Court Abbreviation: Ky.