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Kentucky Bar Association v. Lococo9/27/2001
esent case, nine months elapsed between the issuance of the bad check and the funeral home finally receiving the more than $11 ,OOO.OO it was owed.
Lastly, the Knuckles case did not contain -- as does the present case -- the separate finding of misconduct arising from failure to file a claim within the applicable statute of limitations.
Moreover, Movant volunteers in its brief several other disciplinary cases which would indicate that the three-year suspension is consistent with penalties handed down in other, similar cases. Having considered the case law cited by both Respondent and Movant, we conclude that a three-year suspension is not excessive based on the facts of this case.
For the reasons stated above, we adopt the Board of Governors' recommendation and it is Ordered that:
1. The motion of the Respondent for oral argument is hereby denied.
2. Respondent, Alecia Lococo, shall be suspended from the practice of law in this Commonwealth for a period of three (3) years, commencing March 6, 2000, the effective date of her temporary suspension by Opinion and Order of this Court. The suspension shall continue until such time as she is reinstated to the practice of law by order of this Court pursuant to SCR 3.510.
3. In accordance with SCR 3.450, Respondent is directed to pay all costs associated with the disciplinary proceedings against her, said sum being $2,541.72, and for which execution may issue from this Court upon finality of this Opinion and Order.
4. Pursuant to SCR 3.390, Respondent shall within ten (10) days of the entry of this order notify all clients of her inability to represent them and furnish copies of said letters of notice to the Director of the Kentucky Bar Association. She shall also provide such notification to all courts in which she has matters pending.
5. In accordance with SCR 3.390, Respondent shall immediately disburse all funds held for clients and third persons in her escrow account and shall provide proof of said disbursements to the Director of the Kentucky Bar Association.
Cooper, Graves, Johnstone, Stumbo, and Wintersheimer, JJ., concur. Lambert, C.J., dissents, and would impose a two-year suspension. Keller, J., dissents as to Charge 7175 and would remand to the Board of Governors to determine whether Respondent had knowledge of the theft of the escrow funds and reconsideration of the sanctions recommended if the Board finds that the Respondent did not have such knowledge.
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