# ,*ixprPmB hZourf of 2007-SC-000331-KB

IN SUPREME COURT TO BE PUBLISHED

KENTUCKY BAR ASSOCIATION MOVANT

KEVIN M

. CALLIHAN RESPONDENT

OPINION AND ORDER The Kentucky Bar Association (KBA) moves us to find Respondent, Kevin M . Callihan, KBA Member No. 10110, 

### guilty of violating SCR 3.130-3.3(a)(1) and SCR 3.130-8.3(c) . Callihan was admitted to the practice of lawin Kentucky in October 1982. His bar roster address is 26 East Park Drive, Apartment D, Athens, Ohio 45701-5002. KBA FILE NO . 13014 Callihan was suspended from the practice of lawin Kentucky on February 7, 2002, for nonpayment of dues. Callihan has not been reinstated and is not licensed to practice lawin another jurisdiction . On April 22, 2005, Callihan sent a document entitled "CurriculumVitae" by email to Frank Doheny, the Trial Commissioner in a prior disciplinary action against him (KBA File No. 8865) . The curriculumvitae stated that Callihan was 

# a general practice attorney, currently on "administrative school leave ." In addition, the accompanying email stated that Callihan was an attorney. A subsequentversion of the curriculumvitae stated that Callihan retired as an attorney to

pursue additional education and that he is on leave fromthe KBA for postgraduate studies . On December 6, 2005, the KBA initiated disciplinary proceedings against Callihan for falsely representing to Doheny that he was an attorney during a period when he was suspended, and for sending curriculumvitae that gave false information about his status and the reasons for his suspension. The Inquiry Commission charged Callihan with violating SCR 3.130-5.5(a) (a lawyer shall not practice law

in ajurisdiction where doing so violates the regulation of the legal profession in that jurisdiction), SCR 3.130-3.3(a)(1) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal), and SCR 3.130- 8.3(c) (it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation) . The hearing for this matter was held on October 16, 2006. The KBA presented the testimony of two witnesses, including Doheny. Callihan, appearing r p o se, offered no defense, did not question the witnesses, offered no exhibits, and presented no witness testimony on his behalf . Callihan asserted his right to remain silent and refused to answer questions. As to the first count, the Trial Commissioner found Callihan not guilty of violating SCR 3.130-5.5(a), because there was no evidence presented that Callihan had engaged in the practice of law during his suspension. The Trial Commissioner found Callihan guilty of violating SCR 3.130-3 .3(a)(1), because Callihan knowingly and falsely represented that he was authorized to practice law by presenting the email and his curriculumvitae to Doheny. Finally, the TrialCommissioner found Callihan guilty of violating SCR 3.130-8.3(c), because the

information contained in his curriculumvitae and his email fraudulently and deceitfully misrepresented to Doheny and anyone else who received those documents that Callihan was a lawyer in good standing with the KBA . For these violations, the Trial Commissioner recommended, and the Board of Governors adopted as such, that Callihan be suspended fromthe practice of law

for a period of thirty (30) days . The Trial Commissioner, in making this recommendation, considered Callihan's disciplinary history. CONCLUSION After careful consideration of the facts and upon the recommendation of the KBA, this Court orders that Kevin M . Callihan be suspended fromthe practice of lawfor thirty (30) days. Thus, it is ORDERED that : 1 . Kevin M

. Callihan, KBA Member No. 10110, is adjudged guilty of violating SCR 3.130-3.3(a)(1) and SCR 3.130-8.3(c) . 2 . He shall therefore be suspended fromthe practice of lawfor thirty (30) days, to be served consecutively to his previous suspension of 181 days. 3. Pursuant to SCR 3.450, the total costs of these proceedings, including $1,117.21 certified as of May 11, 2007, shall be assessed against him

. All sitting. All concur . ENTERED: November 1, 2007.