RENDERED: SEPTEMBER 28, 2017 

. TO BE PUBLISHED . 

~uprtmt Qfourt nf 1itttF~~ [L 

2017-SC-000297-KB . . 

KENTUCKY BAR ASSOCIATION 

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V. IN SUPREME COURT 

ALAN RICHARD STEWART . RESPONDENT. 

OPINION AND ORDER 

. -

On April 26, 201 7, the Wisconsin Supr~me Court suspended .Alan . 

Richard Stewart for nine months.I Thereafter, the KBA fl.led a petition with 

this Court asking that we impose reciprocal· discipline pursuant to SCR · 

. 3.435(4). We ordered Stewart to show cause why we should not impose such 

discipline and. he failed to respond. Because Stewart failed to show cause ~s to · 

why we should .not impose reciprocal discipline, this Court hereby suspends 

him from the practice of law for nine months, as consistent with the order of 

. the .Wisconsin Supreme Court. 

. . 

. 1 Stewart was adniitted ·to the practice of law in the Commonwealth of Kentucky . 

on May 21, ·1993. His bar roster address is 46 Brentwood Lane, Appleton, Wisconsin, 

54915, and his KBA number is 84734. · · 
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I. BACKGROUND 

Stewart represented clients in tyvo separate patent applications. The 

clients paid Stewart advanced fees, for a combined amount in excess of 

$12,000, but Stewart failed to draft the applications or perform ab.y other 

meaningful work. Stewart did not respond to his clients' attempts to contact 

him and he failed to keep them reasonably informed about the status of their 

cases. Stewart did not refund the fees his clients had advanced to him, and 

did not return his clients product sample and papers even after the clients 

requested their return. · Stewart failed to respond to the ensuing bar 

complaints or to additional requests for information. 

The Wisconsin Supreme Court order indicates that Stewart admitted to 

violating Wisconsin's equivalent of Kentucky's SCR 3.130-1.3 for failing to act 

with reasonable diligence and promptness in representing his clients; -1.4(a)(3) 

and (4) for failing to keep his client reasonably informed about the status of his 

case .and failing to promptly comply with reasonable r~quests for inforination; ~ 

l.S(a) for charging unr~asonable .fees; -l.16(d) for failing to return unearned 

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fees and failing to surrender clients' property; -8.4(c) for engaging in conduct 

involving dishonesty, fraud, deceit, or misrepresentation; and -8. l(b) for failing 

to cooperate in the investigation of his ethical violations .. 

II. ANALYSIS 

· If an attorney licensed to practice law in this Commonwealth receives 

disdpline in another jurisdiction, SCR 3.435(4) generally requires· this Court to 

impose identical discipline. Furthermore, SCR 3.435(4)(c) requires this Court 

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to recognize that "[i]n all other respects" a final adjudication of misconduct in 

. another jurisdiction establishes conclusively the same misconduCt for purposes 

of a disdplinary proceeding in Kentucky. Pursuant. to SCR 3 .. 435(4), we impose 

reciprocal discipline as Stewart failed.to prove "by substantial evidence: (a) a 

lack of jμrisdiction or fraud in the [Wiscon_sin] disciplinary proceeding, or (b) 

that misconduct established warrants substantially different discipline in this 

State." 

III. ORDER 

J 

Having failed to timely show sufficient cause, it is hereby ORDERED as 

' follows: 

1. Stewart is hereby suspended from the practice of law in Kentucky 

for a period of nine months, effective immediately from the· date of 

entry of this Order; 

2. Pursuant to SCR 3.450, Stewart is directed to pay the costs 

associated with this proceeding, if any, for which execution may 

issue from this Court upon finalitjr of.this Opinion and Order; and 

3. Pursuant to SCR 3.390, Stewart shall, within ten days from the 

entry of this Opinion and Order., notify all Kentucky clients, in 

writing, of his inability to represent them; notify, in writing, all 

Kentucky courts in which he has matters pending of his 

suspension from the practice of law; and furnish copies of all 

letters of notice to the Office of Bar Counsel of the KBA. 

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- Furthermore, to. the extent possible, Stewart shall immediately 

· cancel and cease any advertising activities in which he is engaged. 

All sitting. All concur. 

ENTERE.D: September 28, .2017. 

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