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Inquiry Commission v. McNew12/16/2004
y the district court and ordered to turn over all funds and estate records to the court appointed administrator, Richard Bonenfant. The administrator determined that there were numerous certificates of deposit owned by the decedent which attorney McNew had cashed and never deposited in the estate. The proceeds of the sale from the decedent's home were never deposited in the estate account. The Inquiry Commission estimates that there was $120,000 which should have been part of the estate but which remains unaccounted for by the attorney.
Upon careful consideration of the record in this case, and the recommendation of the Inquiry Tribunal, Donna Kay McNew is temporarily suspended from the practice of law pursuant to SCR 3.165(1)(a).
It is therefore ORDERED that:
1) Donna Kay McNew is temporarily suspended from the practice of law in this Commonwealth effective this date and until superseded by subsequent order.
2) Disciplinary proceedings against McNew shall be initiated by the Inquiry Commission pursuant to SCR 3.160, unless already begun or unless McNew resigns under terms of disbarrment.
3) Pursuant to SCR 3.165(5), McNew shall within twenty (20) days of the date of entry of this order notify all clients in writing of her inability to continue to represent them and shall furnish copies of such letters of notice to the Director of the Kentucky Bar Association.
4) Pursuant to SCR 3.165(6), McNew shall immediately, to the extent reasonably possible, cancel and cease any advertising activities in which she is engaged.
All concur.
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