TO BE PUBLISHED 

oistijarrmr (Court of (1,firtrfuritv 

2014-SC-000543-KB 

ADRIENNE A. THAKUR MOVANT 

V. IN SUPREME COURT 

KENTUCKY BAR ASSOCIATION RESPONDENT 

OPINION AND ORDER 

Pursuant to SCR 3.480(2), the negotiated sanction rule, Movant, 

Adrienne A. Thakur, KBA Number 92703, moves this Court to impose upon her 

a five-year suspension, along with additional conditions, to resolve the 

professional misconduct charges contained in KBA File 21456. The Kentucky 

Bar Association (KBA) has no objection to Movant's request. 

Movant was admitted to the practice of law in Kentucky on October 17, 

2008, and her bar roster address is 385 Georgetown Street, Lexington, KY 

40508. For the reasons set forth herein, we grant Movant's motion. 

Movant was employed as an associate attorney by the law firm of Henry 

Watz, Raine 86 Marino, PLLC, in January, 2009. In July, 2010, Movant began 

to steal funds, some of which belonged to the law firm and some of which 

belonged to clients. Eventually, the stolen funds totaled $8,858.00. When the 

theft was discovered, Movant resigned from the firm. On March 15, 2013, 

Movant signed a promissory note by which she undertook the obligation to 
repay "the funds she wrongfully diverted" on or before July 31, 2013. The note 

was not paid in full until November 5, 2013. 

On January 16, 2014, the Inquiry Commission issued a three-count 

charge against Movant. Count I alleged that Movant violated SCR 3.130-

1.15(a) 1by concealing from the firm the receipt of funds from, or for, certain 

clients and by not turning over said funds to the firm. Count II alleged that 

Movant violated SCR 3.130-1.15(b) 2by not notifying the firm of the receipt of 

funds from, or for, certain clients and by not turning over the funds for deposit 

into the appropriate account. Count III alleged that Movant violated SCR 

3.130-8.4(c) 3by concealing from the firm the receipt of funds from clients and 

diverting the funds for her own personal benefit instead of turning them over 

for deposit into the appropriate account. 

Appellant admits that she is guilty of each of the above ethical violations. 

As punishment, Movant requests a five-year suspension from the practice of 

law, with the additional conditions that she immediately be evaluated by 

KYLAP and follow any recommendations made by that office, and that she 

1"A lawyer shall hold property of clients or third persons that is in a lawyer's 

possession in connection with a representation separate from the lawyer's own 

property. Funds shall be kept in a separate account . . . ." 

2"Upon receiving funds or other property in which a client or third person has 

an interest, a lawyer shall promptly notify the client, third person, or both in the event 

of claims by each to the property. Except as stated in this Rule or otherwise permitted 

by law or by agreement with the client, third person, or both in the event of a claim by 

each to the property, a lawyer shall promptly deliver to the client or third person any 

funds or other property that the client or third person is entitled to receive . . . ." (PreJanuary 2014 amended version of the rule). 

3"It is professional misconduct for a lawyer to: . . .(c) engage in conduct 

involving dishonesty, fraud, deceit or misrepresentation[.]" 

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attend the Office of Bar Counsel's Ethics and Professionalism Enhancement 

Program (EPEP) and pass the exam at the conclusion of that program before 

she applies for reinstatement. The KBA presents no objection to Movant's 

proposed sanction. 

The negotiated sanction rule provides that "[t]he Court may consider 

negotiated sanctions of disciplinary investigations, complaints or charges if the 

parties agree." SCR 3.480(2). Specifically, "the member and Bar Counsel 

[must] agree upon the specifics of the facts, the rules violated, and the 

appropriate sanction." Id. Upon receiving a motion under this Rule, "[t]he 

Court may approve the sanction agreed to by the parties, or may remand the 

case for hearing or other proceedings specified in the order of remand." Id. 

Thus, acceptance of the proposed negotiated sanction still falls within the 

discretion of the Court. 

In support of the negotiated sanction the KBA cites us to James v. 

Kentucky BarAss'n, 397 S.W.3d 405 (Ky. 2013), and Kentucky BarAss'n v. 

Hawkins, 260 S.W.3d 337 (Ky. 2008). In James the attorney was charged with 

multiple rule violations, including SCR 3.130-1.15(a) and SCR 3.130-8.4(c) for 

conduct which included misuse of client funds. For these violations the 

attorney received a negotiated five-year suspension and was ordered to submit 

to an evaluation and ongoing monitoring by KYLAP during the suspension 

period. In Hawkins the attorney misused client funds by cashing, and 

retaining for himself, the proceeds of thirteen settlement checks payable to 

clients for which he received a five-year suspension. 

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After reviewing the allegations, the Movant's previous disciplinary record, 

her restitution efforts, her willingness to cooperate with KYLAP and undergo 

supplemental ethics training, and the cases cited by Bar Counsel, this Court 

concludes that the discipline proposed by Movant, and agreed to by the KBA, is 

the appropriate sanction here, and thus grants Movant's motion. 

It is therefore ORDERED that: 

1) Movant, Adrienne A. Thakur, KBA Number 92703, 385 Georgetown 

Street, Lexington, KY 40508, is adjudged guilty of violating SCR 3.130-1.15(a), 

SCR 3.130-1.15(b), and SCR 3.130-8.4(c) as charged in KBA File 21456; 

2) Movant is suspended from the practice of law in Kentucky for five 

years effective from the date of this order; 

3) Movant is referred to KYLAP and shall be evaluated by a professional 

recommended by them and fully comply with all recommendations resulting 

from such evaluation; 

4) Before applying for reinstatement, Movant shall attend the Ethics and 

Professionalism and Enhancement Program of the KBA at her expense and 

pass the exam given at the end of the program. Movant shall not apply the 

CLE credit for this attendance at that program, and Movant shall furnish a 

release and waiver to the Office of Bar Counsel to review her CLE records that 

otherwise may be confidential to verify her compliance with the Program and 

that she has not reported any hours to the CLE Commission for attending that 

Program; 

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5) Pursuant to SCR 3.390, Movant shall, within'ten days from the entry 

of this Opinion and Order, if she has not already done so, notify all clients, in 

writing, of her inability to represent them; notify, in writing, all courts in which 

she has matters pending of her five-year suspension from the practice of law; 

and furnish copies of all letters of notice to the Office of Bar Counsel; 

6) If he she has not already done so, to the extent possible, Movant shall 

immediately cancel and cease any advertising activities in which she is 

engaged; and 

7) In accordance with SCR 3.450, Movant is directed to pay all costs 

associated with these disciplinary proceedings against her, said sum being 

$49.52 for which execution may issue from this Court upon finality of this 

Opinion and Order. 

All sitting. All concur. 

ENTERED: October 23, 2014. 

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