TO BE PUBLISHED 

oSuprrittr Gurt of 1,firtifurkg 

2015-SC-000103-KB 

KENTUCKY BAR ASSOCIATION MOVANT 

V IN SUPREME COURT 

BRIAN PATRICK CURTIS RESPONDENT 

OPINION AND ORDER 

Pursuant to Supreme Court Rule (SCR) 3.360, the Trial Commissioner 

recommends this Court suspend Brian Patrick Curtis' (Curtis) for five (5) years 

from the practice of law to run consecutively with all current suspensions for 

numerous ethical violations involving four separate Kentucky Bar Association 

(KBA) charges. Finding sufficient cause to do so, we accept the Trial 

Commissioner's recommendation to suspend Curtis from the practice of law for 

five (5) years; however, that suspension shall run concurrently with Curtis's 

ongoing suspension for failure to comply with CLE requirements and 

consecutively with any other current suspensions. 2 

1Curtis's KBA number is 88393, and he was admitted to practice law on October 23, 

2000. According to the Trial Commissioner, Curtis was not located at his last known bar 

address, but was duly served in all cases at 1832 Fleming Road, Louisville, Kentucky 40205. 

2SCr 3.380 does not provide for indefinite suspensions. Curtis is presently suspended 

for his failure to maintain the minimum CLE credit, a suspension that has not been lifted. 

Curtis is also presently under a one year suspension that began in December 2014. If we were 

to run this five year suspension consecutively with his CLE suspension, as the Trial 

Commissioner suggests, the suspension could extend indefinitely. However, running this five 

year suspension consecutively with the existing one-year suspension does not have the effect of 

creating a potential indefinite suspension. 
I. BACKGROUND 

Curtis's charges arise from allegations that he: agreed to perform legal 

services for clients or prospective clients in bankruptcy actions; accepted either 

full or partial payment of costs and fees; and subsequently failed to perform 

any services. Furthermore, in all cases, Curtis allegedly failed: to respond to 

the clients' inquiries; to return file materials; and to refund unearned portions 

of fees. Finally, in three of the four cases, Curtis was charged with failing to 

act with reasonable diligence and promptness. The charges stem from the 

following actions. 

A. KBA File No. 20917. 

In KBA File No. 20917, Curtis was charged with violating the following: 

SCR 3.130-1.3, which states: "[a] lawyer shall act with reasonable diligence and 

promptness in representing a client;" SCR 3.130-1.4(a)(3) and (4), which state 

in pertinent part, "[a] lawyer shall . . . keep the client reasonably informed 

about the status of the matter" and "promptly comply with reasonable requests 

for information;" SCR 3.175(1)(a) which requires an attorney to "maintain with 

the Director a current address at which he or she may be communicated with 

by mail, the said address to be known as the member's Bar Roster address, 

and shall upon a change of that address notify the Director within thirty (30) 

days of the new address;" SCR 3.130-3.4(c) which requires an attorney to not 

"knowingly disobey an obligation under the rules of a tribunal except for an 

open refusal based on an assertion that no valid obligation exists;" SCR 3.130-

1.16(d) which states: 

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Upon termination of representation, a lawyer shall take steps to the 

extent reasonably practicable to protect a client's interests, such as 

giving reasonable notice to the client, allowing time for employment of 

other counsel, surrendering papers and property to which the client is 

entitled and refunding any advance payment of fee or expense that has 

not been earned or incurred. The lawyer may retain papers relating to 

the client to the extent permitted by other law[;] 

SCR 3.130-8.1(b) which states: "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;" and SCR 3.130-

8.4(c) which states: "It is professional misconduct for a lawyer to . . . engage in 

conduct involving dishonesty, fraud, deceit or misrepresentation." 

The preceding charges in KBA File No 20917 stem from the following. 

Ms. Theresa Cook testified she paid Curtis $1,010 for costs and fees to obtain a 

discharge for her in a Chapter 7 bankruptcy. Ms. Cook understood the $1,010 

was inclusive of both the filing fee and the attorney's fee. Curtis filed the 

petition and paid the filing fee for Ms. Cook's bankruptcy; however, he failed to 

file other required documents resulting in a deficiency notice. Ms. Cook 

notified Curtis that she was terminating his services. She called him 

repeatedly but received no response from Curtis. She went to his office several 

times, waited in the lobby, and no one told her when he would return. She 

testified that on one occasion she finally caught Curtis in his office as he was 

leaving to go to court. Ms. Cook told him she "received a letter from court 

saying her bankruptcy had been discharged because the proper papers had not 

been filed." Ms. Cook further testified that Curtis told her to leave her papers 

with the receptionist, and she did so. Ms. Cook then continued calling to see if 

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Curtis had filed the papers but never received an answer. Ms. Cook obtained 

other counsel at an additional expense of $250 to reopen and complete her 

bankruptcy. Curtis did not return Ms. Cook's file nor refund any portion of the 

costs and fees paid. 

B. KBA File No. 20986. 

The charges in KBA File No. 20986 are the same as those in KBA File No. 

20917, and stem from the following actions. Ms. Tracy Ragland paid Curtis 

$1,010 for all costs and fees in connection with her bankruptcy. Curtis filed a 

bankruptcy petition for Ms. Ragland, but failed to pay the filing fee. Ms. 

Ragland's case was dismissed as a result. Ms. Ragland called Curtis's office, 

but received no return call. Ms. Ragland went to Curtis's office where he told 

her he would take care of her case. Thereafter, she repeatedly attempted to 

contact Curtis by telephone, but received no return call. Ms. Ragland returned 

to Curtis's office but he was not there. Ms. Ragland then discovered the email 

address she had for Curtis was no longer valid and that his phone had been 

disconnected. Ms. Ragland was able to obtain an order from the bankruptcy 

court requiring Curtis to refund her money; however, he failed to do so, and he 

failed to return her file. Ms. Ragland was unable to obtain a discharge in 

bankruptcy. 

C. KBA File No. 20987. 

The charges in KBA File No. 20987 are the same as in KBA File No. 

20986 and 20917 except that KBA File No. 20987 did not involve a charge for a 

violation of SCR 3.130-1.3's requirement to act with reasonable diligence in 

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representing a client. The KBA File No. 20987 charges stemmed from the 

following actions. Ms. Nancy Louise McDonald paid Curtis $1,010 to represent 

her in bankruptcy proceedings. Curtis did not file anything in court for 

McDonald. She testified that she tried to call him every day to see why nothing 

had been filed, but he did not return her phone calls. When Ms. McDonald 

went to Curtis's office, she was told he was not there. Ms. McDonald secured 

the services of another attorney to handle her bankruptcy proceedings. Curtis 

did not return any of the money McDonald paid to him, and he did not return 

her file materials. However, Ms. McDonald did obtain a judgment against 

Curtis in small claims court awarding her $1,010, plus court costs with 

interest at the judgment rate. 

D. KBA File No. 20989. 

The charges in KBA File No. 20989 are the same as in KBA File No. 20917 

and 20986, and stemmed from the following actions. Ms. Carolyn Webb gave 

Curtis $450 toward a fee of $1,010.00 for representing her in bankruptcy 

proceedings and understood she could make payments on the remainder of the 

amount due. Curtis filed the bankruptcy petition, but failed to pay the filing 

fee. Ms. Webb was unable to reach Curtis via telephone so she went to his 

office. Curtis told her he would take care of the problem, and that he had 

"keyed in something wrong." When Ms. Webb did not hear from Curtis, she 

again went to his office. Curtis again told her he would take care of it, but he 

never completed her bankruptcy, and Ms. Webb was unable to obtain a 
discharge in bankruptcy. Curtis did not return Ms. Webb's documents or any 

of the money she paid him. 

E. Proceedings. 

On March 11, 2013, Curtis filed a response denying the KBA's charges. 

However, he gave no detailed reasons for his denials and asked for an 

extension of time in order to do so. In support of his request for more time, 

Curtis stated that he was suffering from debilitating depression and working 

with the Kentucky's Lawyer Assistance Program (KYLAP). 

The Court issued an Order on May 17, 2013, holding the proceedings in 

abeyance for 180 days. The Order required Curtis to provide a status report 

regarding the treatment of his depression 45 days from the date of the Order. 

Curtis did not file any status reports; therefore, on September 10, 2013, this 

Court issued a Show Cause Order as to why this matter should not be removed 

from abeyance. Curtis filed no response, and, on September 26, 2013, this 

Court removed this matter from abeyance. 

On April 29, 2014, the Trial Commissioner was designated, and she 

scheduled a telephonic conference for May 8, 2014. Curtis did not participate 

in that pretrial conference. On May 12, 2014, the Trial Commissioner issued 

an Order requiring the parties to serve information about witnesses and 

exhibits, any objections, or motions in limine, and any other prehearing 

motions by certain dates. The KBA, through counsel, timely complied with the 

Order, but Curtis failed to do so. On July 25, 2014, a final prehearing 

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conference was held via telephone. During that conference, the Trial 

Commissioner set the date, time, and place for the hearing. 

On August 5, 2014, the hearing was duly held, but Curtis failed to 

attend. Based on the evidence, which included the aforementioned testimony 

of Ms. Cook, Ms. Ragland, Ms. McDonald, and Ms. Webb, the Trial 

Commissioner concluded as a matter of law that each of the alleged ethical 

violations had been proven by a preponderance of the evidence. 

The Trial Commissioner also noted that Curtis had the following previous 

disciplinary actions taken against him: on April 2, 2012, Curtis received a 

private admonition for violating SCR 3.130-1.3, and SCR 3.130-1.4(a)(3) and 

(4). On January 21, 2013, Curtis received a private admonition for violation of 

SCR 3.130-1.4(a)(3) and (4), SCR 3.130-1.16(d), and SCR 3.130-8.1(b). On 

March 2, 2013, we suspended Curtis from the practice of law for 60-days for 

violating SCR 3.130-1.4(a)(3) and (4), SCR 3.130-1.15(b), SCR 3.130-1.16(d), 

and SCR 3.130-8.1(b). On June 19, 2014, we suspended Curtis from the 

practice of law for 90-days for violating SCR 3.130-1.3, SCR 3.130-3.4(c), SCR 

3.130-5.5(a), 3.130-5.5(b)(2). On June 21, 2012, Curtis was suspended for 

failing to meet the minimum CLE requirements in violation of SCR 3.661 for 

the education year ending June 30, 2011. 3 

Although she found that Curtis's pattern of misconduct was clear, in 

determining what discipline to recommend, the Trial Commissioner noted two 

3We note that Curtis received a one-year suspension in December 2014, after the Trial 

Commissioner issued her recommendation. Therefore, the Trial Commissioner did not 

consider that suspension. 

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mitigating factors: Curtis had practiced law for 12 yeats without any significant 

ethical issues; and Curtis was suffering from "severe and debilitating 

depression." However, the Trial Commissioner also noted that Curtis had not 

participated in the proceedings in any meaningful way since March 11, 2013, 

which exacerbated and added to his ethical violations. 

Based upon the evidence and her findings of fact, the Trial Commissioner 

recommends to this Court: that Curtis be suspended from the practice of law 

for a period of five years, to run consecutively with all current suspensions; 

that Curtis be required to fulfill all obligations of all prior opinions and orders 

concerning suspensions; that Curtis be required to continue his KYLAP 

participation and comply with all treatment recommendations from a duly 

qualified health professional through his suspension; that Curtis be directed to 

promptly return all client file materials in his possession or control to each of 

his prior clients involved in these charges; that Curtis make restitution to Ms. 

Cook in the amount of $704, to Ms. Ragland in the amount of $1,010, to Ms. 

McDonald in the amount of $1,010, and to Ms. Webb in the amount of $450, 

plus interest thereon at the legal rate from the date of any final order until 

paid, subject to credits and offsets for any amounts previously paid. 

Additionally, the Trial Commissioner recommends that Curtis be ordered to 

reimburse the Client's Security Fund for any amounts it has paid, and that he 

be assessed all costs associated with this proceeding pursuant to SCR 3.450, 

which award of costs shall bear interest at the judgment rate set forth in KRS 

360.040 in accordance with SCR 3.450(2). 

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II. ANALYSIS 

As noted by the Trial Commissioner, we suspended an attorney for five 

years who, like Curtis, neglected several client matters, refused to return 

retainer fees, refused to return his clients' property, and failed to respond to 

bar complaints. Kentucky Bar Ass'n u. Hall, 173 S.W.3d 621 (Ky. 2005). 

Although this matter differs somewhat from Hall, in that Hall participated in 

the disciplinary proceedings, we agree with the Trial Commissioner's 

recommendation. In doing so, we note, as did the Trial Commissioner, that 

Curtis, because of his depression, may very well have been incapable of actively 

participating in these proceedings. However, because he has failed to respond, 

despite having had ample opportunity to do so, we do not know whether, or to 

what extent, he continues to suffer from depression. Therefore, we agree that a 

five-year suspension from the practice of law is appropriate and that 

suspension should run consecutively with Curtis's current one-year 

suspension. However, because running this suspension consecutively to 

Curtis's existing suspension for failing to comply with CLE requirements could 

result in an indefinite suspension, we run Curtis's five-year suspension 

concurrently with that CLE suspension. 

III. CONCLUSION 

Having reviewed the record, the Supreme Court Rules, and the relevant 

case law, we accept the Trial Commissioner's recommendation to suspend 

Curtis from the practice of law for five (5) years in part, with conditions. 

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ACCORDINGLY, IT IS ORDERED THAT: 

A. Brian Patrick Curtis, KBA Number 88393, is found guilty of violating 

SCR 3.130-1.3; SCR 3.130-1.4(a)(3) and (4); SCR 3.175(1)(a); SCR 3.130- 

3.4(c); SCR 3.130-1.16(d); SCR 3.130-8.1(b); and SCR 3.130-8.4(c), as 

set out in KBA File No. 20917; guilty of violating the SCRs as set out in 

KBA File No. 20986; guilty of violating the SCRs as set out in KBA File 

No. 20989; and guilty of violating SCR 3.130-1.4(a)(3) and (4); SCR 

3.175(1)(a); SCR 3.130-3.4(c); SCR 3.130-1.16(d); SCR 3.130-8.1(b); and 

SCR 3.130-8.4(c), as set out in KBA File No. 20987; 

B. Curtis is suspended from the practice of law for five (5) years to run 

concurrently with his suspension for lack of CLE credit, to the extent it 

is still in effect and to run consecutively with his one-year suspension 

that began in December 2014; 

C. Notwithstanding the five-year period mentioned above, Curtis shall not 

seek reinstatement until he has complied with the conditions required to 

remove his CLE related suspension; 

D. Curtis is required to continue his participation in KYLAP and comply 

with all treatment recommendations from a duly qualified health 

professional throughout all periods of suspension; 

E. Curtis is directed to promptly return all file materials in his possession 

or control to each of his prior clients involved in these charges; 

F. Curtis shall make restitution to Ms. Cook in the amount of $704; to Ms. 

Ragland in the amount of $1,010; to Ms. McDonald in the amount of 

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$1,010; and to Ms. Webb in the amount of $450, plus interest at the 

legal rate from the date of any final order until paid, with due credit and 

offsets for any amounts previously paid. Additionally, Curtis shall 

reimburse the Client's Security Fund for any amounts it has paid; 

G. If he has not already done so, pursuant to SCR 3.390(b), Curtis shall, 

within 10 days after the issuance of this Opinion and Order, notify, by 

letter duly placed with the United States Postal Service, all courts or 

other tribunals in which he has matters pending, and all clients of his 

inability to represent them and of the necessity and urgency of promptly 

retaining new counsel. Curtis shall simultaneously provide a copy of all 

such letters of notification to the Office of Bar Counsel and shall 

immediately cancel any pending advertisements, to the extent possible, 

and terminate any advertising activity for the duration of the term of 

suspension; 

H. Finally, Curtis is directed to pay the costs of this action, $3,452.97, for 

which execution may issue from this Court upon finality of this Opinion 

and Order. 

All sitting. All concur. 

ENTERED: May 14, 2015. 

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