TO BE PUBLISHED 

,i5uptrittr Court of rufurkg 

2016-SC-000331-KB 

CABELL D. FRANCIS, II MOVANT 

V. IN SUPREME COURT 

KENTUCKY BAR ASSOCIATION RESPONDENT 

OPINION AND ORDER 

Cabell D. Francis II moves to withdraw his membership from the 

Kentucky Bar Association ("KBA") under terms of permanent disbarment 

pursuant to Supreme Court Rule ("SCR") 3.480(3). Movant has been 

suspended from the practice of law since August 31, 2014. 1The KBA has no 

objection to Francis's motion to withdraw under terms of permanent 

disbarment. Upon review of the record, we find that Francis should be 

permanently disbarred and grant his motion to withdraw under terms of 

permanent disbarment. Francis whose last known bar roster address is 101 

Lancaster Street, Stanford, KY 40484, was admitted to the practice of law in 

the Commonwealth of Kentucky in 1976. 

On March 28, 2016, Francis was indicted for theft by unlawful taking, 

1In August 2014, Francis was suspended from the practice of law for 181 days 

for violation of the Rules of Professional Conduct. Kentucky Bar Ass'n v. Francis, 439 

S.W.3d 750 (Ky. 2014). Subsequently, in December 2015, Francis was suspended for 

an additional 60 days, with that sentence to run consecutively to his August 2014, 

suspension. Kentucky Bar Ass'n v. Francis, 476 S.W.3d 892 (Ky. 2015). Francis 

remains suspended from the practice of law. 
value over $10,000.00, and knowing exploitation of an adult, resulting in a loss 

of more than $300.00. Subsequently, Francis negotiated a plea agreement 

with the Commonwealth in which he would plead guilty to the amended 

charges of theft by unlawful taking, value over $500.00, and wanton or 

reckless exploitation of an adult, resulting in a loss of more than $300.00, in 

exchange for receiving pretrial diversion. As part of his plea the 

Commonwealth required Francis to agree to pay restitution to Ronald H. 

Bradley in the amount of $33,050.28 and also resign his license to practice law 

in the Commonwealth of Kentucky. 

Accordingly, Francis has filed a motion to resign under terms of 

permanent disbarment pursuant to SCR 3.480(3). In his motion, Francis 

admitted that his criminal conduct would be sufficient to warrant permanent 

disbarment. Further, Francis acknowledges that upon entry by this Court of 

an Order of disbarment he will never again practice law in the Commonwealth 

of Kentucky. The KBA has no objection to Francis's motion to withdraw under 

terms of permanent disbarment. Upon examination of the record in this case 

and Francis's admission of unethical conduct, we find disbarment to be the 

appropriate sanction and grant Francis's motion. 

Accordingly, it is hereby ORDERED: 

1. Cabell D. Francis, II, is permanently disbarred from the practice of 

law in the. Commonwealth of Kentucky; 

2. Pursuant to SCR 3.450, Cabell D. Francis II is directed to pay all 

costs associated with these disciplinary proceedings in the amount of $37.50, 

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

and Order; and 

3. Pursuant to SCR 3.390, Cabell D. Francis, II, shall, within ten (10) 

days from the entry of this Opinion and Order, notify all clients, in writing, of 

his inability to represent them; notify, in writing, all courts in which he has 

matters pending of his disbarment from the practice of law; and furnish copies 

of all letters of notice to the Office of Bar Counsel. Furthermore, to the extent 

possible, Francis shall immediately cancel and cease any advertising activities 

in which he is engaged. 

All sitting. All concur. 

ENTERED: September 22, 2016. 

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