Bench & Bar

NOV 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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BAR COUNSEL WHAT ARE THE ODDS? By: Thomas H. Glover "Lawyer goes to work, assists his client, earns a reasonable fee, serves his community, and supports his family" Not much of a headline for the local paper, but that is what most attorneys in the Commonwealth do every day. Accounting for normal fluctuations, there are 17,500 or so attorneys licensed in Kentucky at any given time. Sadly, the Office of Bar Counsel (OBC) has little contact with attorneys who follow the rules. It usually only interacts with attorneys who get in trouble, or those against whom a complaint has been made. The office compiles annual statistics on attorney discipline. The numbers include all of the cases opened, investigated, pending or completed during the fiscal year. According to those statistics the percentage of attorneys in Kentucky who have disciplinary charges pending equals .39 percent of the total number of attorneys. For those for whom math was a weak subject, that's less than one half of one percent of the total membership. Where do those charges come from? All charges against lawyers accused of violating the rules originate from the Inquiry Commission (IC). Members of the IC are appointed by the Supreme Court of Kentucky to hear claims of misconduct asserted against members of the bar. The IC is a 'probable cause' panel, and is com- 4XLQWDLURV3ULHWR:RRG%R\HU3$ $WWRUQH\VDW/DZ 38 $ PXOWLRI¿FH ODZ ¿UP LV VHHNLQJ $77251(<6IRULWV/RXLVYLOOHDQG /H[LQJWRQRI¿FH0XVWKDYHH[SHUL HQFH LQ FLYLO WULDO DQGRU LQVXUDQFH GHIHQVHOLWLJDWLRQ3RUWDEOHERRNRI EXVLQHVVLVDSOXV (PDLOUHVXPHWRUHVXPH#TSZEODZFRP B&B; • 11.13 prised of nine members. It has six lawyers and three laity appointed by the Court from around the state. It sits in panels of three to hear summaries of complaints against members of the bar. The phrase 'charges pending' means facts have been discovered suggesting that an ethical violation of the Rules of Professional Conduct has occurred, and the IC has authorized a formal charge to be issued asserting the violation against the attorney. So, is that percentage of attorneys with 'charges pending' a good thing or bad thing? Well, to see how we stack up, we could compare our stats to the general adult population of the country. According to the U.S. Department of Justice, approximately seven million adults in the U.S. were on probation, parole or in prison at the end of last year. About three percent of the adult U.S. population is in trouble. Compare that to less than half a percent of the population of Kentucky attorneys. We lawyers are six times more ethical. Not fair, you say; compare apples to apples. OK, try this: The total number of the adult population in the U.S. incarcerated at the end of last year was a little over 2½ million people. That's about .70 percent of the total U.S. population. Almost three quarters of one percent. Compare that rate to the Kentucky attorney discipline statistics. That national percent for people already in the criminal justice system is about twice the rate of those Kentucky attorneys who get into ethical trouble. Attorneys licensed in the state come from varied backgrounds, with diverse ethical and moral education and history, but lawyers are half as likely to risk their license as members of the general population are to risk their liberty. Still not convinced? Let's compare those nation-wide statistics against the number of attorneys actually disciplined by the Court. The Kentucky Supreme Court disciplines attorneys under the authority granted by Section 116 of the Constitution. That Section says in pertinent part, "The Supreme Court shall, by rule, govern admission to the bar and the discipline of members of the bar." That means the KBA doesn't, the OBC doesn't, and the IC doesn't. Since the Court issues the license to practice law, only the Court may discipline attorneys for their conduct which jeopardizes that license. Although the process of attorney discipline is detailed, all cases in which discipline is recommended end up before the Supreme Court. The Court entered orders last year in cases involving 87 lawyers. That represents .43 percent of the membership – still less than half a percent compared with the incarcerated .70 percent of the general population. It's a good number; worth bragging about. That statistic means that regardless of personal background, ethical training, legal practice area, individual motivation, fiscal temptation or financial opportunity, most attorneys obey the rules. Most attorneys don't get into trouble. Most attorneys return phone calls. Most perform the work they undertake. Most do the work on time, maintain competency in their areas of practice, charge reasonable fees, and most handle clients' money and property appropriately. The attorneys who get in trouble don't do those things. Regardless of what lawyer jokes presume, reality shows that those lawyers who are inattentive or dishonest in their practice and get the bad press comprise a very small percentage of the membership. The lawyers who obey the rules never make the headlines. To view statistical information regarding attorney discipline, visit http://www.kybar.org/234. Thomas H. Glover

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