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GREGORY ALAN GABBARD MOVANT 

V. IN SUPREME COURT 

KENTUCKY BAR ASSOCIATION RESPONDENT 

OPINION AND ORDER 

Movant, Gregory Alan Gabbard,' admits to violating Supreme Court Rule 

(SCR) 3.130(8.4)(b) and SCR 3.130(8.4)(c). Pursuant to SCR 3.480(3), he 

requests this Court to enter an order permanently disbarring him from the 

practice of law in the Commonwealth of Kentucky. The Kentucky Bar 

Association (KBA) has no objection to this request. The motion is granted. 

I. FACTUAL AND PROCEDURAL BACKGROUND 

KBA File No. 24224 concerns Gabbard's conduct while serving as the 

administrator for the estate of James Henry Rawe. Between December 6, 2010 

and September 11, 2013, Gabbard unlawfully removed $54,451.43 from the 

estate account. On September 15, 2015, in Kenton Circuit Court Criminal 

Action No. 15-CR-00215, Gabbard entered a guilty plea to violating KRS 

514.070(4), theft by failure to make required disposition of property with a 

1KBA Member No. 23955; bar roster address: 3165 Rosina Avenue, Covington, 

Kentucky 41015. Movant was admitted to the practice of law November 1, 1983. 
value of $10,000 or more, a class C felony. He was sentenced to five years' 

imprisonment, probated for five years or until restitution is paid in full. An 

initial lump sum restitution payment was made at sentencing on November 2, 

2015, leaving $28,603.00 to be paid through installments. Following his 

sentencing, a complaint was filed against Gabbard, KBA File No. 24224. 

Gabbard answered the complaint, admitting: 

1) he served as the administrator for the Estate of James Henry Rawe (he 

denied acting as attorney for the estate); 

2) during the administration he failed to disburse the funds of the estate 

properly; 

3) some of the estate funds were diverted in his favor and/or otherwise 

commingled with his personal funds; and 

4) after being indicted, he entered a plea to violating KRS 514.070, has 

been sentenced by the Kenton Circuit Court, and as ordered, is making 

restitution payments to the Estate. 

II. DISCIPLINE 

Based upon these actions, Gabbard admits he has engaged in 

professional misconduct and violated SCR 3.130(8.4)(b) by "commit[ting] a 

criminal act that reflects adversely on the lawyer's honesty, trustworthiness or 

fitness as a lawyer in other respects" and SCR 3.130(8.4)(c) by "engag[ing] in 

conduct involving dishonesty, fraud, deceit or misrepresentation." He seeks to 

terminate these proceedings by resigning under terms of permanent 

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disbarment. The KBA has no objection to Gabbard's motion and requests the 

Court to enter an order sustaining the motion. 

Gabbard has prior disciplinary actions. In 2004 he was suspended until 

he complied with 2002-2003 CLE requirements. In 2005 he was suspended for 

one year after being found guilty of eight counts 2of professional misconduct 

arising from two disciplinary cases, KBA File No. 11727 and KBA File No. 

11986, which involved taking payment for but failing to render services and not 

refunding the unearned fees. KBA v. Gabbard, 172 S.W.3d 395 (Ky. 2005). He 

was conditionally reinstated in 2009. Gabbard v. KBA, 291 S.W.3d 221 (Ky. 

2009). In 2010, due to his failure to comply with the reinstatement conditions, 

his reinstatement was revoked. Gabbard v. KBA, 308 S.W.3d 213 (Ky. 2010). 

Gabbard has been suspended since 2010. 

In consideration of the current action and after reviewing Gabbard's 

disciplinary record, this Court concludes that permanent disbarment is the 

appropriate sanction. The motion to resign under terms of permanent 

disbarment is granted. 

III. ORDER 

It is therefore ORDERED that: 

1) Movant, Gregory Alan Gabbard, KBA Number 23955, 3165 Rosina 

Avenue, Covington, Kentucky 41015, is permanently disbarred from the 

2Gabbard was found guilty'of violating Supreme Court Rules 3.130-1.3 (two 

counts), 3.130-1.4(a) (two counts), 3.130-1.16(d) (two counts), 3.130-1.5(a), and 

1.120-8.1(b). 
practice of law in the Commonwealth of Kentucky. Disbarment shall 

commence on the date of entry of this order. 

2) Pursuant to SCR 3.390, and to the extent that the has not done so as a 

result of his prior suspension, Gabbard shall notify in writing, all courts 

in which he has matters pending of his suspension from the practice of 

law, and notify in writing all clients of his inability to represent them and 

of the necessity and urgency of promptly retaining new counsel. "Such 

notification shall be by letter duly placed in the United States mail within 

ten days of the date of this Opinion and Order. Gabbard shall 

simultaneously provide a copy of all such letters to the Office of Bar 

Counsel. Furthermore, to the extent possible and necessary, Gabbard 

shall immediately cancel and cease any advertising activities in which he 

is engaged; and 

3) Gabbard is directed to pay all costs associated with these disciplinary 

proceedings against him, said sum being $56.00 for which execution 

may issue from this Court upon finality of this Opinion and Order. 

All sitting. All concur. 

ENTERED: June 16, 2016. 

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