RENDERED: SEPfEMBER 28, 2017 TO BE PUBLISHED

KENTUCKY BAR ASSOCIATION MOVANT


## v. IN SUPREME COURT
DELBERT KEITH PRUITT RESPONDENT
OPINION AND ORDER Delbert Keith Pruitt, Kentucky BarAssociation (KBA) Number 87872, was admitted to the practice oflaw in the Commonwealth ofKentucky on

.October 29, 1999, and his barroster address is listed as 321 Ferry St., Metropolis, IL 62960. The Board ofq.overnors found Pruitt guilty ofviolating SCR 3.130-l.4(a)(3) (two counts),**-1.4(~)(4),** -3.4(c), and**-8.l(b~.** For.these violations, the Board unanimously recommends Pruitt: 1) be suspended from the practice oflaw for 181 days, to run concurrentwith any current
\_ suspension; 2) be referred to the Kentucky Lawyer Assistance Program (KYLAP); and 3) pay all associated costs. For the following reasons, we adopt the Board's recommendation.· I. BACKGROUND This case concerns two separate complaints to the KBA. Pruittfailed to respond to either ofthe charges, and they reached the Board as default cases pursuant-to SCR 3.210. In addition to the matters currently before the Court, Pruittwas privately admonished in 2006 and was suspended (or sixty-one days in 2016. A. KBA File 22631

. On February 20, 2014, Michael Orendofffiled a bar complaint against Pruitt.· Orendoffalleged he hired Pruitt to defend him in a matter, but Pruitt failed**~o** file an answer in his case. Pruittfiled a response.to Orendofrs complaint, indicating that he had drafted'the answer, and believed he had mailed it. Pruitt asserted he returned Orendofrs retainer when he learned the courthad not received the document he thought he had mailed. During that time period, Pruitt's wife had suffered a stroke and 1ater died. Pruitt asserted that he suffered from depression.

. The Inquicy Commission determined a private admonition was the proper discipline, conditioned-,upon Pruitt's participation in KYLAP. As a result, the terms ofthe admonition required Pruitt to send Bar Counsel quarterly updates confirming his participation in the program. Pruitt did not submit the KYLAP reports, and KYLAP indicated he had not participated in the pr.ogrfi.II1. · · Given Pruitt's failure to follow through with the condition ofhis discipline, the Inquiry Commission issued a two-count charge against him. Count I asserted Pruittviolated SCR 3.130-1.4(a)(3) when he failed to keep
2Orendoffreasonably informed concerning the status ofhis case. Count II r asserted Pruittviolated SCR 3.130-3.4(c) when he "knowingly disobey[ed] an obligation under the.rules ofa tribunal ....." Pruitt did not answer the charge. B. KBA File 16-DIS-24372 Clayton Kennedy had hired Pruitt to represent him in a divorce action. On March 24, 2016, Kennedy filed a bar complaint against Pruitt, alleging Pruitt had failed to promptly and adequately communicate with Kennedy

·during the pendency ofthe divorce. Pruitt did not file a response to the ·complaint. The Inquiry Commission charged Pruittin a two-count charge. Count I asserted Pruittviolated SCR 3.130-1.4(a)(3), (4) when he failed to keep Kennedy. \.._ reasonably informed about the status ofhis divorce and when.he failed to "promptly complywith reasonable requests for information." CountII asserted Pruittviolated SCR 3.130-8.l(b). when he.failed "to respond to a lawful demand for information from an admissions or disciplinary authority . . .." Pruitt did

. not answer the charge. II. BOARD'S RECOMMENDATION I
. In.KBA File 22631, the Board voted 17 to 0 to find Pruitt guilty ofboth charges. In KBA File 16-DIS-24372, the Board voted 16 to 1 to find Pruitt guilty ofCountI, and voted 17 to 0 to find him guilty ofCount II. Thereafter, th.e**s~venteen** members ofthe Boardunanimously recommended thatPruitt: 1) be suspended from the practice oflaw for 181 days, to be served concurrently with any other suspensions; 2) be referred to KYLAP for evaluation and
3assistance as necessary; and 3) pay all costs associated with these disciplinary

. ' . proceedings. III. ADOPTION OF BOARD'S RECOMMENDATION ·Pursuantto SCR 3.370(9), 1 this Court adopts the unanimous recommendation ofthe Board given: 1) the significance ofPruitt's viola?ons,**~)** the fact that aside from filing aninitialresponse in one ofthe cases; he has failed to respond to any correspondence, and 3) his disciplinary history·. Our precedent supports the Board's recommendation. For example, in 

### Kentucky BarAss'n v. Quesinberry, 260 S.W.3d 786, 788 (Ky. 2008), we suspended Quesinberry for 181 days for violating SCR 3.130-1.3, SCR 3.130-1.4, and SCR 3.130-8.J(b). In that case (much like Pruitt's), Quesinberry failed to file a_, l
. \
. 1 divorce decree for her client and failed to respond to the KBA charges brought against her. Agreeing that the Board's recommended sanction is appropriate, it . is ORDERED that: 1. Pruitt is found guilty ofthe above-described and admitted violations of the.Rules ofProfessional Conduct and thus suspendedfrom the practic;e oflaw for 181 days; and 2. Pruittis hereby referred to KYLAP for evaluation and assistance as necessary; and**~** SCR 3.370(9) provides that "[i]fno notice ofreviewisfiled by either ofthe parties, orthe Courtunderparagraph eight (8) ofthisrule, the Court shall enter an order adoptingthe decision ofthe·Board ortheTrial Commissioner, whichever the case**m~y** be, relatingto all matters." · 43. In accordance with SCR 3.450, Pruittis directed to pay all costs associated with these disciplinary proceedings against him, said sum being $484.88, for which execution may issue from this Court upon finality ofthis Opinion and Order; and 4. Pursuant to SCR 3.390, Pruitt shall, within ten days from the entry of this Opinion and Order, notify all.Kentucky clients, in writing, ofhis
'-- inability to represent them; notify, in writing, all Kentucky courts in which he has matters pending ofhis suspension from the practicf? of law; and furnish copies ofall letters ofnotice to the.Office ofBar Counsel ofthe KBA. Furthermore, to the extentpossible, Pruitt shall. immediately cancel and cease any advertising activities in which he is engaged. Minton, C.J.; Hughes, Keller, VanMeter, Venters, and Wright; JJ., concur. Cunningham, J., not sitting. ENTERED: September 28, 2017.

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