TO BE PUBLISHED 

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.2017-SC-000312-KB KENTUCKY BAR ASSOCIATION MOVANT

V. IN SUPREME COURT

KENNETH JOSEPH BADER RESPONDENT

OPINION AND ORDER The Kenttjcky BarAssociation ("KBA") moves this Court, pursuant to SCRl 3.380(2), to suspend Respondent, KennethJoseph Bader, KBA Number 02455, for failure to Answer the.Charge in KBA file 16-DIS-0304. Respondent rnaintairis a barroster address at 544 BaxterAvenue, Suite 200, Louisville, Kentucky 40204. KBA·file lq-DIS-0304 concerns Respondent's failure to
answer a Bar Complaintfiled by his former client, Linda Mattingly, with respect to his mishandling ofher personal injurycase. The Jefferson County Sheriff's Departmentpersonally served Respondent with the Bar Complaint on November 30, 2016. After Respondent failed to file_a,n**Answe~** to the Complaint, the Inquiry Commission issued a three-count Charge against him,
on February 16, 2017, alleging a violation ofSCR 3.130(1.3), which**req~ires** a

1 Supreme Court Rules.lawyer to actwith reasonable diligence and promptness in the representation of
a client. Respondent violated this Rule when he failed to perform any work in

· his client's personal injury case for approximately two years until its dismissal.

Respondent was also charged with violating SCR 3.130(1.4)(a)(3), which requires an attorney to keep his clients informed about the status oftheir case. Respondent violated this Rule when he failed to inform his client her personal injury case had been dismissed. Finally, Respondent was charged with violating SCR 3.130(8.l)(b), which requires a lawyer to respond to a lawful demand for information from a disciplinary authority. Respondent violated this Rule by failing to respond to the Bar Complaint. The Jefferson County Sheriffs Departmentpersonally served Respondent with the three-count Charge, yet he failed to file anAnswer, and has notparticipated in any stage ofthese proceedings. This matter is not the first time Respondent has been.cited and disciplined for his misconduct as a practicing attorney. Recently, this Court found Respondent guilty ofone count ofviolating SCR 3.130(3.4)(c) for knowingly disobeying an obligation under the rules ofa tribunal, and one count ofSCR 3.130(8.l)(b) for failing to respond to a lawfuldemand for information from a disciplinary authority.·Ky. 

### BarAssoc. v. Bader,

-- S.W.3d

--

, 2017WL 4310500 (Ky. Sept. 28, 2017). Notably, Respondent likewise failed to participate in that disciplinary proceeding. Because ofhis·committed ·, 

### . . violations,**w~** suspended Respondentfrom the practice oflaw for a period of thirty (30) days. 2Similarly, in 2014, Respondent received a private reprimand for the foilowing: 1) viofa.ting SCR 3.130-1.3 byfailing 

### to file a client's bankruptcy petition irt a timely manner; 2) violating SCR 3.130-1.4(a)(2) by failing to tell his client that he was not filing her bankruptcypetition because she had not paid his fee; and 3) violating SCR 3.130-1.4(a)(3) by failing to respond to his client's requests for infonriation abouther bankruptcyproceedings.**Here~** Respondent's**miscondu~t** in KBA file 16-DIS-0304 in large part mirrors that for which he has been previously disciplined, and indicates repeated noncompliance with the rules ofhis chosen profession. In the case of Ky. 

### BarAssoc. v. Benton, 449 S.W.3d 368 (KY: 2014), this Court exercised its discrcrtion, pursuant to SCR 3.380, to suspend Benton indefinitelyuntil he appeared and accounted for his failure to answer the disciplinary charges. Likewise, here we believe that indefinite suspension ofRespondent's license to practice law is warranted until he appears and accounts for his behavior. ACCORDINGLY, IT IS ORDERED THAT:

.. I. Respondent, KennethJoseph Bader, is**~ound** guilty ofviolating SCR 3.130(1.3), SCR 3.130(1.4)(a)(3),.and SCR 3.130(8.l)(b). 2. Respondent is suspended from the practice oflawindefinitely. 3. As required by SCR 3.390, Respondentwill, ifhe has not already done so, within 10 days after issuance ofthis order of suspension from the practice oflaw for more than 60 days, notify, by letter duly placed with the United States PostalService, all courts or other tribunals in which he has matters pending, and all clients ofhis inability to represent them 3and ofthe necessity and urgencyto promptly obtain new counsel. Respondent shall simultaneouslyprovide a copy ofall such letters of

· notification to the Office ofBar Counsel. Respondent shall immediately

cancel any pending advertisements, fo the extent possible, and shall terminate an:y advertising activity for the duration ofthe term of suspension. 4.**Respond~nt** is instructed to**pro~ptly** take all reasonable steps to protect the.irtterests ofhis clients. He shall not, duringthe term ofsuspension, accept new clients o.r collectunearned fees, and he shall complywith the provisions ofSCR 3.130-7.50(5). 5. In accordance with SCR 3.450, Respondentis directed to pay all costs

· associated with these disciplinaxy proceedings against him, for which

execution mayissue from this Court upon finality ofthis Opinion and Order. All sitting. All concur. ENTERED: November 2, 2017.

CH

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