In Re: Brian Allen Logan

• Court: Kentucky Supreme Court
• Decided: October 24, 2024
• Docket: 2024-SC-0471
• Status: Unpublished

Opinion

TO BE PUBLISHED

Supreme Court of Kentucky 2024-SC-0471-KB

IN RE: BRIAN ALLEN LOGAN

IN SUPREME COURT

OPINION AND ORDER

This case is before the Court on Brian Allen Logan’s motion to resign

under terms of permanent disbarment. His Kentucky Bar Association (KBA)

Member Number is 88228 and bar roster address is 14 Ryswick Lane,

Frankfort, KY 40601. SCR 1 3.480(3) allows “Any member who has been

engaged in unethical or unprofessional conduct . . . to withdraw his

membership under terms of permanent disbarment . . . .” The KBA has filed a

response expressing no objection to Logan’s motion. Having reviewed the

record and considered Logan’s admission of unethical conduct, we grant his

motion for permanent disbarment.

On February 9, 2024, the Inquiry Commission filed a Petition for

Temporary Suspension pursuant to SCR 3.165(1)(a) and (b). The basis of the

petition centered on Logan’s handling of the Estate of Jack Estes in which he

admittedly misappropriated $416,475 of Estate assets over the course of

approximately five years. In his capacity as Executor, Logan failed to file an

estate inventory, periodic settlements, or tax returns, resulting in a loss to the

1 Rules of the Supreme Court. Estate of an additional $30,000. The Inquiry Commission issued a complaint

for violations of SCR 3.130(1.3) (diligence), SCR 3.130(1.15) (safekeeping

property), SCR 3.130(8.4)(b) (committing a criminal act), and SCR 3.130(8.4)(c)

(dishonesty, fraud, deceit, or misrepresentation). Logan responded and

admitted his conduct violated the relevant rules. He subsequently repaid

$75,000 to the Estate. Upon considering the circumstances and Logan’s

admission of unethical behavior, this Court granted the Inquiry Commission’s

petition and temporarily suspended Logan on April 18, 2024. In re: Logan,

694 S.W.3d 269 (Ky. 2024). He has remained suspended since that date.

In consideration of the Inquiry Commission’s investigation and issuance

of formal charges of misconduct, Logan now moves to resign under terms of

permanent disbarment. He admits his unethical conduct constituted violations

of the above-stated rules of professional conduct. He further admits unethical

conduct relative to another client for which a bar complaint has been filed, but

for which no formal charges have yet been issued.

Permanent disbarment is an appropriate sanction for theft of client funds

while serving in a fiduciary capacity. Wheeler v. Kentucky Bar Ass’n, 677

S.W.3d 361 (Ky. 2023) (theft of $20,000 from client’s trust fund); Kentucky Bar

Ass’n v. Edwards, 377 S.W.3d 557 (Ky. 2012) (theft of $78,000 of disabled

ward’s funds); Kentucky Bar Ass’n v. Christian, 320 S.W.3d 687 (Ky. 2010)

(theft of $13,000 by executor); Kentucky Bar Ass’n v. Cameron, 262 S.W.3d 643

(Ky. 2008) (misappropriation of $13,490 by court-appointed conservator). We

perceive no reason to depart from these precedents.

2 Accordingly, it is hereby ORDERED:

1. Brian Allen Logan is permanently disbarred from the practice of law

in the Commonwealth of Kentucky;

2. Logan is directed to pay restitution to the Estate of Jack Estes in the

amount of $232,960.78;

3. Pursuant to SCR 3.450, Logan is directed to pay all costs associated

with these disciplinary proceedings in the amount of $50.18, for which

execution may issue from this Court upon finality of this Opinion and Order;

4. Pursuant to SCR 3.480(4)(a), Logan shall take all steps necessary and

practicable to cease all forms of advertisement of his practice immediately upon

entry of this Opinion and Order and shall report the fact and effect of those

steps to the Director of the KBA in writing within twenty days after this

Opinion and Order is entered; and

5. Pursuant to SCR 3.390, if he has not already done so, Logan shall,

within twenty days from the entry of this Opinion and Order, notify all clients,

in writing, of his inability to represent them; notify, in writing, all courts in

which he has matters pending of his disbarment from the practice of law; and

furnish copies of all letters of notice to the Office of Bar Counsel.

All sitting. All concur.

ENTERED: October 24, 2024.

______________________________________ CHIEF JUSTICE