Greene v. Ky. Bar Ass'n

568 S.W.3d 349
CourtMissouri Court of Appeals
DecidedFebruary 14, 2019
Docket2018-SC-000600-KB
StatusPublished
Cited by1 cases

This text of 568 S.W.3d 349 (Greene v. Ky. Bar Ass'n) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Ky. Bar Ass'n, 568 S.W.3d 349 (Mo. Ct. App. 2019).

Opinion

Movant, Fred Garland Greene, was admitted to the practice of law in the Commonwealth of Kentucky on September 1, 1972. His Kentucky Bar Association ("KBA") member number is 26890, and his bar roster address is P.O. Box 490, Russellville, KY 42276. Pursuant to SCR 3.480(2), he moves this Court to enter a negotiated sanction imposing a three-year suspension. The KBA has no objection. Finding this sanction to be the appropriate discipline for his misconduct, we grant Greene's motion.

I. BACKGROUND

Greene has a history of prior discipline. He received private admonitions July 22, 1985, August 11, 2004, May 7, 2007, September 20, 2012, March 20, 2013, July 17, 2013, and July 17, 2017. He received a public reprimand and thirty-day suspension with conditions on November 21, 2012. Most recently, Greene received a one hundred and eighty-one-day suspension with sixty-one-days probated for one year upon conditions on October 20, 2016.

The current case spans three consolidated KBA files which arise from a period when Greene was suspended from the practice of law. We will address each in turn.

A. KBA 17-DIS-0044

Greene represented Mr. and Mrs. Damon Green in a property action during his suspension from the practice of law. Throughout this representation, Greene sent letters regarding the case to the clients, advising them on legal matters. He also sent a letter to counsel for the opposing party in a case in which he stated he had advised the clients.

The Inquiry Commission issued a two-count charge against Greene alleging violations of SCR 3.130 (5.5)(a)(1) and SCR 3.130 (3.4)(c). SCR 3.130(5)(a) reads: "A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so." SCR 3.130 (3.4) reads: "A lawyer shall not: (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists."

Movant admits that he violated SCR 3.130 (3.4)(c) by engaging in the practice of law in violation of his suspension order. He requests dismissal of the SCR 3.130 (5.5)(a)(1) count. The KBA has no objection.

B. KBA 17-DIS-0255

Greene's son, Jim Greene, and daughter-in-law, Lara Hunt, are attorneys licensed in the Commonwealth of Kentucky. In early 2017, Greene requested Jim and Lara to come to Russellville and discuss an opinion letter (dated in 2015) regarding one of his clients, Peggy Violett.

Jim, Lara, their child, and his friend met in Greene's law office with Violett, her two daughters and two sons-in-law on February 17, 2017. At the time of the meeting, Jim, Lara, and Violett were unaware that *351Greene was suspended from the practice of law.

Greene asked Lara to prepare an estate plan for Violett. After some correspondence regarding the matter, Lara learned that Greene was suspended from practice. Lara advised Greene she would no longer assist him in Violett's estate plan matter.

Violett met with Greene at his residence regarding the estate plan. Greene reviewed and discussed draft documents with Violett and told her to take the drafts with her, make changes, and return the drafts to him. Violett returned the documents to Greene with her changes.

On May 26, 2017, Violett visited Greene's law office where he and his administrative assistant were present. During this visit, four documents were executed: a will, a power of attorney, a trust, and a health care surrogate. One of the witnesses to the will was listed as William Sandlin. However, it was not William who signed the will but his wife, Joyce, Greene's assistant. Greene notarized William's purported signature on the will.

Further, Greene dated the will, power of attorney, trust, and health care surrogate as if executed on December 1, 2015. Per Greene's request, Violett wrote him a check for $2,500 after the documents were executed. Greene took the check to the bank and cashed it that day. On or about July 19, 2017, Violett received notice (via a letter from Lara) that Greene was suspended from the practice of law.

A bar complaint was filed against Greene concerning the above conduct. Greene filed a response in which he stated that prior to his suspension he had contacted his son, Jim, to assist with Violett's estate plan; that Jim indicated that he and his wife, Lara, would handle the situation; and that Jim and Lara were to prepare the documents. These statements were inaccurate. The Office of Bar Counsel sent Greene a letter and invited further response from Greene in light of the information and allegations in that letter. Greene provided the Office of Bar Counsel with a declaration in which he stated more than once he had told Violett of his suspension. This statement was also inaccurate. Greene returned the $2,500 to Violett.

The Inquiry Commission issued an eight-count charge against Greene, charging him with violations of SCR 3.130 (3.4)(c), SCR 3.130 (5.5)(a), SCR 3.130 (5.7)(a)(1), SCR 3.130 (5.7)(a)(5), two counts of SCR 3.130 (8.4)(b), SCR 3.130 (8.4)(c), and SCR 3.130 (8.1)(a).

SCR 3.130 (3.4) reads: "A lawyer shall not: ... (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists." Greene admits that his conduct, continuing to practice law in the Violett estate planning matter after his suspension, violated this rule.

SCR 3.130 (5.7)(a) reads: During a period of suspension a suspended lawyer may not perform any of the following acts: ... (5) receive, disburse, or otherwise handle a client's funds." Greene admits that he violated this rule by receiving or otherwise handling $2,500 from Violett while suspended from the practice of law.

SCR 3.130 (8.4) reads: "It is professional misconduct for a lawyer to: ... (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation." Greene admits he violated this rule by meeting with Violett on the occasions detailed above and not telling her he was suspended from the practice of law; failing to tell Lara he was suspended from the practice of law; notarizing Violett's will, trust, power of attorney, and health care surrogate with a date of December 1, 2015, when Violett signed those documents in Greene's presence on *352or about May 26, 2017; and taking $2,500 from Violett either for legal services he could not lawfully render due to his suspension from practice or by failing to forward those funds to the attorney or attorneys who rendered such services.

SCR 3.130 (8.1) reads: "An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (a) knowingly make a false statement of material fact." Greene admits he violated this rule by knowingly making false statements of material fact in connection with a disciplinary matter, as specified above, when responding to the Inquiry Commission complaint and the Office of Bar Counsel regarding the Violett matter

Greene asks that three counts be dismissed and the KBA has no objection. Specifically, those counts concern violations of SCR 3.130 (5.5)(a),1 SCR 3.130 (5.7)(a)(1),2 and SCR 3.130 (8.4)(b).3

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Bluebook (online)
568 S.W.3d 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-ky-bar-assn-moctapp-2019.