Bezold v. Kentucky Bar Ass'n

134 S.W.3d 556, 2004 WL 1123928

• Court: Kentucky Supreme Court
• Decided: May 27, 2004
• Docket: 2004-SC-0153-KB
• Status: Published

Opinions

OPINION AND ORDER

Movant, Clement L. Bezold, of Fort Thomas, Kentucky, having admitted that he violated SCR 3.130 — 1.7(b), asks this Court to issue a public reprimand against him. The Kentucky Bar Association (KBA) has no objection. Accordingly, we grant the motion and issue the reprimand.

Charge

Bezold represented Jaclyn Spafford in a divorce case. In this capacity, he filed an answer to Spafford’s husband’s divorce petition and filed a motion for temporary custody at the same time. About three months later, Bezold filed a motion for the trial court to appoint a child custody investigator. According to the motion, the investigator was to conduct interviews and make a recommendation concerning visitation and custody of the couple’s minor child. The trial court granted the motion and appointed an investigator.

The investigator’s report revealed that Bezold was interviewed during the investigation. Bezold told the investigator that he was romantically involved with Spaf-ford, who also worked for him. Subsequently, Bezold withdrew as counsel and new counsel for Spafford entered the case.

SCR 3.130-1.7(b) provides that “a lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to another client or third person, or by the lawyer’s own interests unless, (1) the lawyer reasonably believes that the representation will not be adversely affected; and (2) the client consents after consultation.” Bezold admits that he violated this rule.

Upon the foregoing facts and charges, it is therefore ordered that:

1. Clement L. Bezold, be and hereby is publicly reprimanded for his violation of SCR 3.130-1.7(b); and

2. Bezold, in accordance with SCR 3.450, is directed to pay all costs associated with these disciplinary proceedings against him, said sum being $10.16, and for which execution may issue from this Court upon finality of this Opinion and Order.

LAMBERT, C.J.; COOPER, JOHNSTONE, STUMBO, and WINTERSHEIMER, JJ., concur.

JOHNSTONE, J., files a separate concurring opinion, which STUMBO and WINTERSHEIMER, JJ., join.

KELLER, J., dissents by separate opinion, with GRAVES, J., joining that dissenting opinion.

Entered: April 22, 2004.

/s/ Joseph E. Lambert Chief Justice