RENDERED: SEPTEMBER 28, 2017

. TO BE PUBLISHED .

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# [L 2017-SC-000297-KB . . KENTUCKY BAR ASSOCIATION

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- · MOVANT . · V. IN SUPREME COURT ALAN RICHARD STEWART . RESPONDENT. OPINION AND ORDER

. - On April 26, 2017, 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 Stewartto 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 .notimpose reciprocal discipline, this Court hereby suspends him from the practice oflaw for nine months, as consistent with the order of

.the.Wisconsin Supreme Court.

. . . 1 Stewart was adniitted·to the practice oflaw in the Commonwealth ofKentucky . on May 21, ·1993. His bar roster address is 46 Brentwood Lane, Appleton, Wisconsin, 54915, and his KBA number is 84734. · ·1
I. BACKGROUND Stewartrepresented 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 notrespond to his clients' attempts to contact him and he failed to keep them reasonably informed about the status oftheir 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 ofKentucky'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) forfailing to keep his client reasonably informed about the status ofhis 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

- 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 ofhis ethical violations.. II. ANALYSIS
· Ifan attorney licensed to practice law in this Commonwealth receives disdpline in anotherjurisdiction, SCR 3.435(4) generally requires·this Court to impose identical discipline. Furthermore, SCR 3.435(4)(c) requires this Court 2to recognize that "[i]n all other respects" a final adjudication ofmisconduct in

. anotherjurisdiction establishes conclusively the same misconduCt for purposes ofa 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 ofjμrisdiction 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 oflaw in Kentucky for a period ofnine months, effective immediately from the·date of entry ofthis Order; 2. Pursuantto SCR 3.450, Stewart is directedto pay the costs associated with this proceeding, ifany, 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 ofthis 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 practice oflaw; and furnish copies ofall letters ofnotice to the Office ofBar Counsel ofthe KBA. 3- 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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