Clements v. Kentucky Bar Ass'n

Kentucky Supreme Court

Clements v. Kentucky Bar Ass'n

983 S.W.2d 512, 1999 Ky. LEXIS 8, 1999 WL 39051

CourtKentucky Supreme Court

DecidedJanuary 21, 1999

DocketNo. 98-SC-1036-KB

StatusPublished

This text of 983 S.W.2d 512 (Clements v. Kentucky Bar Ass'n) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clements v. Kentucky Bar Ass'n, 983 S.W.2d 512, 1999 Ky. LEXIS 8, 1999 WL 39051 (Ky. 1999).

Pincite

Opinion

OPINION AND ORDER

On July 6, 1998, the Inquiry Tribunal of the Kentucky Bar Association issued a two-count charge against M. Jeannine Clements of Louisville. Count I charged her with a violation of SCR 3.130-1.8(c) which provides in pertinent part that a lawyer shall not prepare an instrument giving a lawyer any substantial gift from a client, including a testamentary gift, except where the client is related to the donee. She admits that she prepared a Last Will and Testament which included a bequest to her in the amount of $50,000. She further admits that she was not related to her client, the testator.

Count II charges that Clements violated SCR 3.130-8.3(a) which provides in pertinent part that it is professional misconduct for a lawyer to violate or attempt to violate the rules of professional conduct. She was charged with threatening to take action inconsistent with her fiduciary duty as executrix of an estate when she notified a beneficiary of the estate that she had decided not to disclaim a $50,000 bequest, but that she would accept it.

Clements admits that she violated both SCR 3.130-1.8(c) and SCR 3 ,130-8.3(a) and that she now desires to terminate this disciplinary proceeding by consenting to a suspension from the practice of law for 59 days. She acknowledges that her conduct as alleged constitutes unethical conduct and that she will not engage in the practice of law until she is reinstated. In view of the admission of Clements that her behavior was unethical and her disclaimers of any interest in the bequest as well as the KBA request for the 59 day suspension:

It is hereby ORDERED that M. Jeannine Clements is suspended from the practice of law in the Commonwealth of Kentucky for 59 days from the date of entry of this order. She shall not engage in the practice of law [513]*513until she is reinstated pursuant to SCR 3.510(2).

Clements shall pay all costs associated with the disciplinary investigation in the amount of $6.44. The disciplinary proceeding against her is hereby terminated.

All concur.

Entered: January 21,1999.

/s/ Joseph E. Lambert Chief Justice

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION AND ORDER

On July 6, 1998, the Inquiry Tribunal of the Kentucky Bar Association issued a two-count charge against M. Jeannine Clements of Louisville. Count I charged her with a violation of SCR 3.130-1.8(c) which provides in pertinent part that a lawyer shall not prepare an instrument giving a lawyer any substantial gift from a client, including a testamentary gift, except where the client is related to the donee. She admits that she prepared a Last Will and Testament which included a bequest to her in the amount of $50,000. She further admits that she was not related to her client, the testator.

Count II charges that Clements violated SCR 3.130-8.3(a) which provides in pertinent part that it is professional misconduct for a lawyer to violate or attempt to violate the rules of professional conduct. She was charged with threatening to take action inconsistent with her fiduciary duty as executrix of an estate when she notified a beneficiary of the estate that she had decided not to disclaim a $50,000 bequest, but that she would accept it.

Clements admits that she violated both SCR 3.130-1.8(c) and SCR 3 ,130-8.3(a) and that she now desires to terminate this disciplinary proceeding by consenting to a suspension from the practice of law for 59 days. She acknowledges that her conduct as alleged constitutes unethical conduct and that she will not engage in the practice of law until she is reinstated. In view of the admission of Clements that her behavior was unethical and her disclaimers of any interest in the bequest as well as the KBA request for the 59 day suspension:

It is hereby ORDERED that M. Jeannine Clements is suspended from the practice of law in the Commonwealth of Kentucky for 59 days from the date of entry of this order. She shall not engage in the practice of law [513]*513until she is reinstated pursuant to SCR 3.510(2).

Clements shall pay all costs associated with the disciplinary investigation in the amount of $6.44. The disciplinary proceeding against her is hereby terminated.

All concur.

Entered: January 21,1999.

/s/ Joseph E. Lambert Chief Justice

Cite This Page — Counsel Stack

Bluebook (online)

983 S.W.2d 512, 1999 Ky. LEXIS 8, 1999 WL 39051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-kentucky-bar-assn-ky-1999.