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| Baker v. Shapero, 2004-SC-0639-DG,
SUPREME COURT OF KENTUCKY, October 19, 2006, Rendered
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Overview: When attorneys were discharged without cause by a client under a contingency fee agreement before they had completed their work, the court, overruling a prior case, held that they were entitled to recover their fee on a quantum meruit basis only, not on the terms of the contract. This was in line with the majority of jurisdictions.
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| Compex Int'l Co. v. Taylor, 2005-SC-0228-DG,
SUPREME COURT OF KENTUCKY, October 19, 2006, Rendered
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Overview: Implied warranty claim asserted by a son pursuant to Ky. Rev. Stat. Ann. § 355.2-318, when he was injured on a chair at his parents' home, was not actionable against the manufacturer because the parents did not have a buyer/seller relationship with the manufacturer as required under § 355.2-318.
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| Gray v. Commonwealth, 2004-SC-000457-MR,
SUPREME COURT OF KENTUCKY, October 19, 2006, Rendered
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Overview: Appellant's murder conviction was affirmed, because while the trial court erred in excluding a statement by a witness for violation of a reciprocal discovery agreement, Ky. R. Crim. P. 7.24(3)(A)(i), the error was harmless, as defense counsel's failure to ask the witness about the prior statement waived any argument concerning the evidence.
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| Jones v. Ky. Bar Ass'n, 2005-SC-0754-KB,
SUPREME COURT OF KENTUCKY, October 19, 2006, Entered
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Overview: An attorney who had been suspended from the bar because of a drug conviction was reinstated under Ky. Sup. Ct. R. 3.510. He had complied with the terms of his suspension order and CLE requirements, exhibited remorse and acceptance of responsibility, attended Narcotics Anonymous meetings, counseled others, and been sober since February 2002.
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| Krause v. Commonwealth, 2004-SC-1009-DG,
SUPREME COURT OF KENTUCKY, October 19, 2006, Rendered
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Overview: Consent by defendant and his roommate to search their residence was constitutionally invalid because the deception employed by the trooper, who said he needed to look around the house to determine whether a young rape victim's description of their house was accurate, was so unfair and unconscionable as to be coercive.
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| Ky. Bar Ass'n v. Adair, NO. 2006-SC-000512-KB,
SUPREME COURT OF KENTUCKY, October 19, 2006, Entered
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Overview: Attorney was ordered permanently disbarred from the practice of law based upon evidence presented by the bar association that showed in seven different cases that the attorney had improperly kept client's fees and had not diligently performed the work for the clients, in violation of Ky. Sup. Ct. R. 3.130-1.3, 1.4 and Ky. Sup. Ct. R. 1.15 and 1.16.
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| Ky. Bar Ass'n v. Conley, 2006-SC-000530-KB,
SUPREME COURT OF KENTUCKY, October 19, 2006, Entered
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Overview: A lawyer was suspended from practice for 60 days, probated for two years subject to conditions, for misconduct in which the lawyer failed to appear for scheduled court hearings on behalf of two criminal clients, including one scheduled trial date.
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| Ky. Bar Ass'n v. Herald, 2006-SC-000574-KB,
SUPREME COURT OF KENTUCKY, October 19, 2006, Entered
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Overview: A lawyer was suspended for 181 days for misconduct in which, inter alia, she failed to attempt to collect on a client's default judgment, failed to take any action on a client's appeal after filing a notice of appeal, and failed to to comply with her client's request to obtain a hearing date in her client's Social Security disability claim.
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| Ky. Bar Ass'n v. Klapheke, 2006-SC-0572-KB,
SUPREME COURT OF KENTUCKY, October 19, 2006, Entered
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Overview: A lawyer was permanently disbarred for misconduct in which he failed to disburse funds from a personal injury settlement to his client or to a chiropractor who was owed money by the client for treatment, despite the lawyer's promises of such payments. The lawyer's disciplinary history included a public reprimand and a three year suspension.
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| Ky. Bar Ass'n v. Quesinberry, 2006-SC-0601-KB,
SUPREME COURT OF KENTUCKY, October 19, 2006, Entered
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Overview: Attorney was suspended from the practice of law for 30 days, probated for one year with conditions, because there was evidence that attorney failed to file an appellate brief after filing a notice of appeal, causing the appeal to be dismissed, in violation of Ky. Sup. Ct. R. 3.130-1.3, Ky. Sup. Ct. R. 3.130-1.4, and Ky. Sup. Ct. R. 3.130-3.4(c).
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