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# u [E[o/l(pt,K1m/vd1MCM l:)c_ MICHAEL STEPHEN WADE MOVANT

V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER Michael S. Wade, Kentucky BarAssociation (KBA) Member No. 91281, bar roster address 676 Pinetop Road, Russell Springs, Kentucky, 42642, was admitted to thepractice oflaw in the Commonwealth ofKentucky on May 1, 2006. He has been under temporary suspension from the practice oflaw since October 2012. Wade received two.Charges ofprofessional misconduct stemming from separate criminal proceedings inJefferson and Bullitt counties. TheJefferson County case related to Wade's representation ofSamantha McAllister and was resolved byAlfordplea and felony Pretrial Diversion. The Bullitt County case related to Wade's drug offenses was resolved by guiltyplea and felony Pretrial Diversion. The two KBA Charges accuseWade ofviolating SCR 3.130(1.4)(a), 3.130(1.15)(a), 3.130(1.15)(b), 3.130(8.4)(b), and 3.130(8.4)(c). In face ofthese Charges, Wade moves this Court to enter an order accepting his Motion for Consensual Discipline. The KBA makes no objection to the motion. 1KBA File No. 19610 This Charge relates to representation Wade provided to McAllister in a personal-injury case arising from a December 16, 2009, motor vehicle accident. After a brieftime pursuing the claim, the insurance company agreed to settle McAllister's claim for $5,500. In December 2010; the insurer mailed a settlement check payable to McAllister and Wade. In attempts to facilitate the distribution ofsettlementfunds, Wade endorsed the checkwith his name and McAllister's: Wade then made efforts to arrange a meeting with McAllist_er and her father to sign release documentation and make the net distribution from the settlement recovery. An appointment was setup several days afterhe deposited the check to make the distributions, but McAllister missed the appointment and the distribution did not occur. Over the ensuing three months, Wade made attempts to communicate with McAllister to come to the office, and McAllister also apparently tried, and failed, to set up the appointment with Wade. Years before his representation ofMcAllister, Wade suffered fromanxiety and depression and an active drug and alcohol addiction. InJune 2011, Wade
was arrested in Bullitt County on drug-related offenses, the subject ofthe other KBA Charge filed against him. He ultimately spent five months in an inpatient rehabilitation facility. After his release, he made arrangements to finally distribute to McAllister her settlementrecovery. On December 13, 2011, through assistance ofcounsel, he submitted release documentation and a check to McAllisterfor $4,000- payment in full for the net amount she was entitled.
2Soon after, Wade was indicted inJefferson Circuit Court for matters arising out ofhis representation ofMcAllister. He was charged with seconddegree criminal,possession ofa forged instrument and theft by failure to make required disposition ofproperty. The forged-instrument charge related to his endorsement ofthe December 2010 check, while the theft offense related to his belated distribution ofsettlementfunds to McAllister. In March 2014, Wade entered anAlfordguilty plea as part ofan agreement to receive felony pretrial diversion for four years. KBA File No. 19610 contains a five-count Charge againstWade for violating (1) SCR 3.130(1.4)(a) for failure to keep a client reasonably informed and promptly complyingwith reasonable requests for information, (2) 3.130(1.15)(a) for failure to keep clientpropertyin a separate bank account, (3)

·3.130(1.15)(b) for not promptly deliveringto the client funds or property she
was entitled to receive, (4) 3.130(8.4)(b) for committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, orfitness as a lawyer, and (5) 3.130(8.4)(c) for engagingin conduct involving dishonesty, fraud, deceit, or misrepresentation. Wade admits his conductfell below that required ofan attorneyin Kentucky and admits his violation ofthe abovestated rules ofprofessional conduct. KBA File No. 19.905 This Charge concerns the Bullitt Circuit Court criminal case relating to Wade's drug offenses. This case was resolved by a guiltyplea subject to receiving felony Pretrial Diversion. In the time since his conviction he has taken
a number ofsteps to treathis drug and alcohol addiction, including extensive
3inpatient treatment, entering a supervision with KYLAP, and regularly attending twelve-step support meetings. Wade readily admits that his pattern ofdrug and alcohol abuse, as well
as his criminal proceedings, subjects him to disciplinary sanction from this Court. Sure enough, this Charge includes one charge for violation ofSCR 3.130(8.4)(b), asserting that his criminal acts reflected adversely on his honesty, trustworthiness, orfitness as a lawyer. Wade admits that his actions fell below conduct expected ofa licensed attorneyin Kentucky. ANALYSIS Wade moves this Court to accepthis motion for consensual discipline for these violations ofthe Kentucky Rules ofProfessional Conduct. He urges us to enter an Order suspendinghis license to practice law in Kentuckyfor a period offour years and six months (untilApril 26, 2017), retroactive from October 26, 2012, or until such time as he has satisfied the full terms and conditions of pretrial diversion in the Jefferson and Bullitt Circuit Courtproceedings, whichever event last occurs. The KBA, after a thorough review ofhis motion and analogous case law, has no objection to Wade's proposed discipline. We too
are satisfied with the negotiated sanction, and agree to grant the motion. For the foregoing reasons, the Court ORDERS that: 1. Michael Stephen Wade, KBA Member No. 91281, is guilty ofall charges alleged in KBA File Nos. 19610 and 19905. 2. Wade's Motion for Consensual Discipline is granted. 3. Wade is hereby suspended from the practice oflaw for fouryears and six months, retroactive from October26, 2012. The suspension shall last until April 26, 2017, oruntil he has satisfied the full terms and 4conditions ofthe criminal proceedings in 11-CR-00238, Bullitt Circuit Court, and 12-CR-001889,Jefferson Circuit Court, whichever event last
occurs. His reinstatement is also subject to approval from the Character & Fitness Committee under SCR 3.505. 4. This discipline is conditioned onWade's continued participation with KYLAP, on suchterms and conditions as KYLAP may determine. Wade shall execute a release in favor ofthe Office ofBar Counsel so that Bar Counsel may obtain status-report information concerningWade's participation in KYLAP. 5. In accordance with SCR 3.450, Wade is directed to pay all costs associated with these disciplinary proceedings, for which execution may issue from this Court upon finality ofthis Opinion and Order. All sitting. All concur. ENTERED: September 22, 2016.

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