TO BE PUBLISHED
Supreme Court of Kentucky 2025-SC-0105-KB
IN RE: DALE ANTHONY BRINKER
IN SUPREME COURT
OPINION AND ORDER
Dale Anthony Brinker was admitted to the practice of law in the
Commonwealth on October 1, 1982. His KBA Member Number is 07614, and
his bar roster address is 301 Pike Street, Covington, KY 41011. He has been
temporarily suspended from the practice of law in Kentucky since 2013. 1 The
Board of Governors requests that this Court adopt its recommendations and
find Brinker guilty of violating two rules of professional conduct, permanently
disbar him from the practice of law in Kentucky, and assess against him the
certified costs associated with these proceedings.
On or about May 11, 2022, Brinker entered a guilty plea to three counts
of theft by unlawful taking, more than $10,000 but less than $1,000,000. 2
Those criminal charges arose when Brinker took money or property from two
1 Although the record provided by the Board of Governors is unclear, we
presume this to be true based on Kentucky Bar Ass'n v. Brinker, 397 S.W.3d 398 (Ky. 2013), which was the most recent opinion and order from this Court suspending Brinker and also on the KBA’s website continuing to list Brinker’s status as “suspended.” https://www.kybar.org/members/?id=32256347&hhSearchTerms=%22Dale+and+Ant hony+and+Brinker%22 (last accessed April 3, 2025). 2 Theft by unlawful taking of property worth more than $10,000 but less than
$1,000,000 is a Class C felony. KRS 514.030(2)(g). different estates for which he was serving as the executor and trustee in
Campbell County. It is unclear from the record what sentence he received as a
result of these convictions.
In a separate matter, on an unspecified date, Brinker entered guilty pleas
to two counts theft by unlawful taking, more than $10,000 but less than
$1,000,000 and one count of theft by unlawful taking, more than $500 but less
than $10,000. 3 Those charges arose from Brinker taking money from an estate
in Kenton County. Brinker received ten-year suspended sentences to be served
concurrently on the charges of theft by unlawful taking, more than $10,000
but less than $1,000,000, and received a five-year suspended sentence for his
conviction of theft by unlawful taking, more than $500 but less than $10,000
to be served consecutively with his sentence on the other two counts.
On or about May 4, 2023, approximately one year after his guilty plea to
the criminal charges out of Campbell County, the Inquiry Commission issued a
Complaint to Brinker which was served on July 19, 2023. 4 The Complaint
informed Brinker that the Commission required additional information
regarding his foregoing actions and charges and that failure to respond could
result in additional charges. Brinker did not respond to the Complaint.
3 Theft by unlawful taking of property worth more than $500 but less than
$10,000 is a Class A misdemeanor. KRS 514.030(2)(d). 4 It is unclear why the Inquiry Commission process did not begin until one year
later.
2 On October 23, 2023, the Inquiry Commission filed a two count Charge
against Brinker asserting he violated SCR 3.130(8.4)(b)(“It is professional
misconduct for a lawyer to. . .commit a criminal act that reflects adversely on
the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”)
and SCR 3.130(8.1)(b)(“A lawyer in connection with. . . a disciplinary matter
shall not knowingly fail to respond to a lawful demand for information from an
admissions or disciplinary authority.”). Service of the Charge was attempted
via certified mail to Brinker’s bar roster address on November 6, 2023. It was
returned as “not deliverable as addressed unable to forward.” Service of the
Charge was attempted at numerous other addresses and the Office of Bar
Counsel also tried to serve Brinker via the Kenton County Sheriff and the
Campbell County Sheriff to no avail. Brinker did not file an answer or
otherwise respond to the Charge and an order of submission was filed on
September 30, 2024.
As Brinker failed to respond, the Charge went before the Board of
Governors by default. SCR 3.210. The Board of Governors unanimously found
Brinker guilty of both SCR 3.130(8.4)(b) and SCR 3.130(8.1)(b). It then
considered his ample prior discipline. Brinker’s history began on March 29,
1991, when he received a private admonition for violating SCR 3.130(1.10)
regarding imputed disqualification. On October 21, 2010, he was suspended
for CLE noncompliance. On June 14, 2011, he received a private admonition
for violating SCR 3.130(3.4)(c) by continuing to practice law after his
suspension and by failing to notify clients of his suspension, violating SCR
3 3.130(5.5)(a) by practicing law after his license was suspended, and violating
SCR 3.130(5.5)(b)(2) by holding himself out as a licensed attorney after his
suspension. On an unspecified date he received a one-year suspension to run
consecutively with his suspension for CLE noncompliance, plus restitution of
$7,500 to the Dinsmore & Shohl IOLTA account and a $1,500 fine ordered by
Boone Circuit Court for violating SCR 3.130(3.4)(c) by knowingly disobeying the
rules of a tribunal, SCR 3.130(8.1)(b) by failing to respond to a bar complaint,
and SCR 3.130(8.4)(c) by engaging in conduct involving dishonesty, fraud,
deceit or misrepresentation by representing to the court he would not prevent a
check from clearing and then revoking it. On April 25, 2013, he received yet
another one-year suspension to run consecutive to the others for violating SCR
3.130(5.5)(a) by practicing law while suspended and SCR 3.130(8.1)(b) by
failing to respond to a bar complaint. Finally, on December 19, 2013, he
received a public reprimand for violating SCR 3.130(8.1)(b) by failing to
respond to a bar complaint.
The Board of Governors then considered the aggravating and mitigating
factors in the case. It concluded the applicable aggravating factors were: prior
disciplinary offenses, a dishonest or selfish motive, multiple offenses, bad faith
obstruction of the disciplinary proceedings, substantial experience in the
practice of law, and illegal conduct. As Brinker did not participate in the
proceedings, the Board was unaware of any mitigating factors.
Based on the foregoing, as well as Section 5.11(a) of the American Bar
Association’s Standards for Imposing Lawyer Sanctions which states that
4 “[d]isbarment is generally appropriate when a lawyer engages in serious
criminal conduct, a necessary element of which includes. . . misrepresentation,
fraud, extortion, misappropriation, or theft[,]” the Board unanimously voted to
recommend to this Court that Brinker be permanently disbarred from the
practice of law in Kentucky and that he pay the costs associated with the
proceedings against him.
As neither Brinker nor the Office of Bar Counsel has filed a notice of
review in this Court, we may choose to either review the Board’s decision
further or adopt its recommendations. See SCR 3.370(9),(10). There is of
Free access — add to your briefcase to read the full text and ask questions with AI
TO BE PUBLISHED
Supreme Court of Kentucky 2025-SC-0105-KB
IN RE: DALE ANTHONY BRINKER
IN SUPREME COURT
OPINION AND ORDER
Dale Anthony Brinker was admitted to the practice of law in the
Commonwealth on October 1, 1982. His KBA Member Number is 07614, and
his bar roster address is 301 Pike Street, Covington, KY 41011. He has been
temporarily suspended from the practice of law in Kentucky since 2013. 1 The
Board of Governors requests that this Court adopt its recommendations and
find Brinker guilty of violating two rules of professional conduct, permanently
disbar him from the practice of law in Kentucky, and assess against him the
certified costs associated with these proceedings.
On or about May 11, 2022, Brinker entered a guilty plea to three counts
of theft by unlawful taking, more than $10,000 but less than $1,000,000. 2
Those criminal charges arose when Brinker took money or property from two
1 Although the record provided by the Board of Governors is unclear, we
presume this to be true based on Kentucky Bar Ass'n v. Brinker, 397 S.W.3d 398 (Ky. 2013), which was the most recent opinion and order from this Court suspending Brinker and also on the KBA’s website continuing to list Brinker’s status as “suspended.” https://www.kybar.org/members/?id=32256347&hhSearchTerms=%22Dale+and+Ant hony+and+Brinker%22 (last accessed April 3, 2025). 2 Theft by unlawful taking of property worth more than $10,000 but less than
$1,000,000 is a Class C felony. KRS 514.030(2)(g). different estates for which he was serving as the executor and trustee in
Campbell County. It is unclear from the record what sentence he received as a
result of these convictions.
In a separate matter, on an unspecified date, Brinker entered guilty pleas
to two counts theft by unlawful taking, more than $10,000 but less than
$1,000,000 and one count of theft by unlawful taking, more than $500 but less
than $10,000. 3 Those charges arose from Brinker taking money from an estate
in Kenton County. Brinker received ten-year suspended sentences to be served
concurrently on the charges of theft by unlawful taking, more than $10,000
but less than $1,000,000, and received a five-year suspended sentence for his
conviction of theft by unlawful taking, more than $500 but less than $10,000
to be served consecutively with his sentence on the other two counts.
On or about May 4, 2023, approximately one year after his guilty plea to
the criminal charges out of Campbell County, the Inquiry Commission issued a
Complaint to Brinker which was served on July 19, 2023. 4 The Complaint
informed Brinker that the Commission required additional information
regarding his foregoing actions and charges and that failure to respond could
result in additional charges. Brinker did not respond to the Complaint.
3 Theft by unlawful taking of property worth more than $500 but less than
$10,000 is a Class A misdemeanor. KRS 514.030(2)(d). 4 It is unclear why the Inquiry Commission process did not begin until one year
later.
2 On October 23, 2023, the Inquiry Commission filed a two count Charge
against Brinker asserting he violated SCR 3.130(8.4)(b)(“It is professional
misconduct for a lawyer to. . .commit a criminal act that reflects adversely on
the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”)
and SCR 3.130(8.1)(b)(“A lawyer in connection with. . . a disciplinary matter
shall not knowingly fail to respond to a lawful demand for information from an
admissions or disciplinary authority.”). Service of the Charge was attempted
via certified mail to Brinker’s bar roster address on November 6, 2023. It was
returned as “not deliverable as addressed unable to forward.” Service of the
Charge was attempted at numerous other addresses and the Office of Bar
Counsel also tried to serve Brinker via the Kenton County Sheriff and the
Campbell County Sheriff to no avail. Brinker did not file an answer or
otherwise respond to the Charge and an order of submission was filed on
September 30, 2024.
As Brinker failed to respond, the Charge went before the Board of
Governors by default. SCR 3.210. The Board of Governors unanimously found
Brinker guilty of both SCR 3.130(8.4)(b) and SCR 3.130(8.1)(b). It then
considered his ample prior discipline. Brinker’s history began on March 29,
1991, when he received a private admonition for violating SCR 3.130(1.10)
regarding imputed disqualification. On October 21, 2010, he was suspended
for CLE noncompliance. On June 14, 2011, he received a private admonition
for violating SCR 3.130(3.4)(c) by continuing to practice law after his
suspension and by failing to notify clients of his suspension, violating SCR
3 3.130(5.5)(a) by practicing law after his license was suspended, and violating
SCR 3.130(5.5)(b)(2) by holding himself out as a licensed attorney after his
suspension. On an unspecified date he received a one-year suspension to run
consecutively with his suspension for CLE noncompliance, plus restitution of
$7,500 to the Dinsmore & Shohl IOLTA account and a $1,500 fine ordered by
Boone Circuit Court for violating SCR 3.130(3.4)(c) by knowingly disobeying the
rules of a tribunal, SCR 3.130(8.1)(b) by failing to respond to a bar complaint,
and SCR 3.130(8.4)(c) by engaging in conduct involving dishonesty, fraud,
deceit or misrepresentation by representing to the court he would not prevent a
check from clearing and then revoking it. On April 25, 2013, he received yet
another one-year suspension to run consecutive to the others for violating SCR
3.130(5.5)(a) by practicing law while suspended and SCR 3.130(8.1)(b) by
failing to respond to a bar complaint. Finally, on December 19, 2013, he
received a public reprimand for violating SCR 3.130(8.1)(b) by failing to
respond to a bar complaint.
The Board of Governors then considered the aggravating and mitigating
factors in the case. It concluded the applicable aggravating factors were: prior
disciplinary offenses, a dishonest or selfish motive, multiple offenses, bad faith
obstruction of the disciplinary proceedings, substantial experience in the
practice of law, and illegal conduct. As Brinker did not participate in the
proceedings, the Board was unaware of any mitigating factors.
Based on the foregoing, as well as Section 5.11(a) of the American Bar
Association’s Standards for Imposing Lawyer Sanctions which states that
4 “[d]isbarment is generally appropriate when a lawyer engages in serious
criminal conduct, a necessary element of which includes. . . misrepresentation,
fraud, extortion, misappropriation, or theft[,]” the Board unanimously voted to
recommend to this Court that Brinker be permanently disbarred from the
practice of law in Kentucky and that he pay the costs associated with the
proceedings against him.
As neither Brinker nor the Office of Bar Counsel has filed a notice of
review in this Court, we may choose to either review the Board’s decision
further or adopt its recommendations. See SCR 3.370(9),(10). There is of
course ample support in our jurisprudence for the Board’s recommendation to
disbar Brinker based on his criminal misconduct. By way of non-exhaustive
example, in Kentucky Bar Ass'n v. Reynolds, an attorney was permanently
disbarred after pleading guilty in federal court to felony charges arising out of
an extortion scheme in which he charged exorbitant legal fees to his clients
facing criminal charges and then split those fees with the county sheriff who
had procured those clients for the attorney. 378 S.W.3d 310, 311 (Ky. 2012).
Similarly, in Caudill v. Kentucky Bar Ass'n, this Court permitted an attorney to
terminate the disciplinary proceedings against him by resigning under terms of
permanent disbarment. 155 S.W.3d 725, 726 (Ky. 2005). In that case, the
attorney pled guilty in federal court to one count of embezzlement and pled
guilty in state court to two counts of failure to make required disposition of
property over $300. Id. at 725. Finally, in Kentucky Bar Ass'n v. Matthews,
this Court agreed with the Board’s non-unanimous recommendation to
5 permanently disbar an attorney. 131 S.W.3d 744, 744-45 (Ky. 2004). That
attorney pled guilty in federal court to one count of conspiracy to defraud a
financial institution, one count of bank fraud, four counts of making false
statements, and one count of bank bribery. Id. at 744. We accordingly decline
to review the case further and adopt the recommendations of the Board.
It is hereby ORDERED that:
1. Dale Anthony Brinker is adjudged guilty of violating one count of SCR
3.130(8.4)(b) and one count of SCR 3.130(8.1)(b);
2. Brinker, KBA Member Number 07614, is hereby permanently disbarred
from the practice of law in the Commonwealth of Kentucky;
3. In accordance with SCR 3.390(2) Brinker shall, within twenty (20) 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. To the extent
possible, he shall immediately cancel and cease any advertising activities in
which he is engaged; and
4. In accordance with SCR 3.450, Brinker shall pay all certified costs
associated with these proceedings, said sum being $354.64, for which
6 execution may issue from this Court upon finality of this Opinion and
Order.
All sitting. All concur.
ENTERED: April 24, 2025.
______________________________________ CHIEF JUSTICE