TO BE PUBLISHED

2018-SC-000376-KB

KENTUCKY BAR ASSOCIATION COMPLAINANT

V. IN SUPREME COURT

KENNETH JOSEPH BADER RESPONDENT

OPINION AND ORDER

Kenneth Joseph Bader was admitted to the practice of law in the

Commonwealth of Kentucky on October 22, 1980. His bar roster address is

544 Baxter Avenue, Suite 200, Louisville, Kentucky 40204-1154, and his

Kentucky Bar Association (KBA) number is 02455. The KBA charged Bader

with violations of several of the Kentucky Rules of Professional Conduct (SCR).

Bader has failed to file responses to any of these charges. Finding sufficient

cause, we adopt the recommendation of the Board of Governors (Board) and

suspend Bader for two (2) years. The facts of each disciplinary case are

summarized below.

KBA File 16-DIS-0304 - Mattingly Representation

Linda Mattingly hired Bader to represent her in a personal injury case.

Bader filed a complaint on Mattingly’s behalf in Jefferson County, but the

action was dismissed eight months later for lack of prosecution. Bader got the
dismissal set aside and the case was ultimately transferred to Nelson County

for further proceedings. The Nelson Circuit Court filed a Notice to Dismiss for

Lack of Prosecution which was uncontested. The case was dismissed on

November 17, 2014, and Bader failed to inform Mattingly of the dismissal.

Mattingly only learned of the dismissal when she sought representation by

another attorney.

The Inquiry Commission issued a three-count charge against Bader on

February 16, 2017, asserting violations of SCR 3.130(1.3) for failing to perform

work in Mattingly’s case, SCR 3.130(1.4)(a)(3) for failing to inform Mattingly

that her case was dismissed, and SCR 3.130(8.1)(b) for failing to respond to the

bar complaint. Bader was personally served with the bar complaint on

November 30, 2016, and the charge on February 16, 2017, by sheriff. He did

not file any responses.

KBA File 17-DIS-0018 - Rhea Representation

Bader agreed to represent Michelle Rhea in a legal matter and Rhea paid

Bader a $400 retainer on April 18, 2016. Bader deposited the check into his

law practice’s bank account in the name of Kenneth J. Bader, LLC. Bader then

used the bank account for personal expenses. After being unable to contact

Bader, Rhea went to his office, informed Bader that she wanted to terminate

his services and requested a refund. Bader told Rhea that his secretary would

mail her a check. Bader did not perform any work on Rhea’s behalf nor did he

return the retainer fee.
The Inquiry Commission issued a five-count charge against Bader on

August 18, 2017, asserting violations of SCR 3.130(1.3) for failing to perform

any work in Rhea’s case, SCR 3.130(1.4)(a)(4) for failing to respond to Rhea’s

requests for information, SCR 3.130(1.15)(a) for failing to keep his client’s

money in a separate account from his own property, SCR 3.130(1.16)(d) for

failing to return the unearned fee, and SCR 3.130(8.1)(b) for failing to respond

to the bar complaint.

Bader was personally served with the bar complaint by sheriff on March

2, 2017. He was served with the charge through the Executive Director,

pursuant to SCR 3.035(2). Bader did not file a response.

KBA FUe 17-DIS-0220 - Hall Representation

Rex Hall contacted Bader in May 2017 to represent his son, Ryan Hall, in

a criminal matter. Bader agreed to the representation and Rex Hall gave him a

$500 retainer. Candace Pollack, Ryan Hall’s girlfriend, also gave Bader a $200

retainer. Bader deposited both checks into an account for Renaissance By

Design, LLC (owned by Bader’s wife), which is an antique boutique and estate

sales company. This was not an escrow or trust account maintained for

representing clients. Rex Hall made several attempts to obtain information

from Bader, with little to no response. Bader did not perform any work in Ryan

Hall’s criminal case and did not refund any of the unearned fees to Rex Hall or

Pollack.

The Inquiry Commission issued a six-count charge against Bader on

December 19, 2017, asserting violations of SCR 3.130(1.3) for failing to perform
work on Hall’s case, SCR 3.130(1.4)(a)(4) for failing to return messages from

Rex Hall regarding the representation of his son, SCR 3.130(1.15)(a) for

commingling client funds with his own, SCR 3.130(1.16)(d) for failing to return

the unearned fee to Rex Hall, SCR 3.130(1.16)(d) for failing to return the

unearned fee to Pollack, and SCR 3.130(8.1)(b) for failing to respond to the bar

complaint.

Bader was served with the bar complaint by the Executive Director

pursuant to SCR 3.035(2) on August 1, 2017, and served with the charge by

the Executive Director on February 27, 2018. Bader has not filed any

responses.

KBA File 17-DIS-0413 - Glaab Representation

Bader was suspended from the practice of law for thirty days on

September 28, 2017. On October 20, 2017, the Office of Bar Counsel objected

to Bader’s automatic reinstatement because he failed to pay costs, and the

charges listed above in the Mattingly, Rhea, and Hall representations were

pending. On November 7, 2017, Bader was indefinitely suspended by this

Court.

Bader previously represented Rickie Glaab in a criminal case in 2016 but

withdrew as counsel due to a conflict. On October 26, 2017, during his

suspension, Bader appeared in Jefferson District Court on a redocket request

filed on behalf of Glaab. Opposing counsel brought up the fact that Bader was

previously removed from the case due to a conflict. The judge refused to hear

Bader’s motion, and subsequently informed the Office of Bar Counsel. On
December 22, 2017, Bader again appeared in Jefferson District Court but the

judge informed him that he was not authorized to practice law pursuant to his

suspension order.

The Inquiry Commission filed a four-count charge against Bader, alleging

violations of SCR 3.130(1.7)(a) for filing a redocket request and appearing on

behalf of a client in a matter in which he had a conflict, SCR 3.130(5.5)(a) for

practicing law while suspended, SCR 3.130(5.7)(a)(2) for appearing on behalf of

clients while suspended, and SCR 3.130(8.1)(b) for failing to respond to the bar

complaint.

Bader was served with the bar complaint by the Executive Director

pursuant to SCR 3.035(2) on January 29, 2018, and served with the charge by

the Executive Director on April 18, 2018. Bader has not filed any responses.

Discussion

These matters are not the first time Bader has been disciplined for

misconduct as an attorney. In 2014, he received a private admonition. In

September 2017, he was suspended for thirty days and after attempting to

practice law during that suspension, he was suspended indefinitely on

November 2, 2017. Bader failed to participate in either of those disciplinary

proceedings.

By majority vote, the Board found Bader guilty on all of the eighteen

charges outlined above. The Board considered a two-year suspension and a

five-year suspension. The Board voted 15-6 to suspend Bader for two years

and require him to pay the costs in this action. Given Bader’s previous
discipline and failure to participate in these proceedings, we agree with the

Board’s recommendation.

For the foregoing reasons, it is hereby ORDERED:

1. Kenneth Joseph Bader is found guilty of the violations of the various

rules of the Kentucky Supreme Court as set forth above.

2. Bader is hereby suspended from the practice of law for a period of two (2)

years.

3. Bader must notify all courts and clients of his suspension in accordance

with SCR 3.390. Those notifications must be made by letter in the

United States mail within ten (10) days from the date of entry of this

Opinion and Order. Bader must also simultaneously provide a copy of

all notification letters to the Office of Bar Counsel. Also, to the extent

possible, Bader must cancel and cease any advertising activities in which

he is engaged.

4. In accordance with SCR 3.450, Bader is directed to pay the costs of this

action in the amount of $1,015.32 for which execution may issue from

this Court upon finality of this Opinion and Order.

All sitting. All concur.

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