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McNew v. Kentucky Bar Association2/17/2005
nt admits that she violated SCR 3.130-1.4(a) and (b), 1.15(b), 8.1(b), and 8.3(c).
Estate Case
Movant represented the Estate of Robert Clifford and was appointed administratrix. She did not file the estate inventory or any other documents with the probate court. The sole beneficiary received two checks as settlement of the estate amounting to approximately $200,000.00. The larger check in the amount of $159,136.40 was returned for insufficient funds. When estate documents were forwarded to the local judge because Movant had moved without leaving a forwarding address, it was discovered that over $120,000.00 was unaccounted for and that Movant had cashed several of the Estate's certificates of deposits and had sold the real property without depositing the money into the Estate account. Movant used Estate money to purchase a car and various other items for herself. Movant admits that her actions violated SCR 3.130-1.15(b) and 8.3(c).
Conservator Case
Movant was appointed conservator of a fund for a minor with cancer. The fund was generated from contributions and fund raising events. Movant used $5,000.00 of the fund for her personal use, although she did return the money. Movant also did not provide updates on the fund to the minor's parents. She admits that these actions violated SCR 3.130-8.3(c).
The Bar Association has no objection to Movant's "Motion to Resign under Terms of Permanent Disbarrment."
ACCORDINGLY, IT IS HEREBY ORDERED
(1) Movant, Donna K. McNew, is permanently disbarred from the practice of law in the Commonwealth of Kentucky for multiple violations of SCR 3.130-1.3, 1.4(a) and (b), 1.15(a), 8.1(b), and 8.3(c).
(2) Pursuant to SCR 3.390, Movant shall, within ten (10) days from the entry of this Opinion and Order, notify in writing all courts in which she may have matters pending and all clients, of her inability to provide further legal services, and furnish the Director of the Kentucky Bar Association with a copy of all such letters.
(3) In accordance with SCR 3.450, Movant shall pay all costs associated with these disciplinary proceedings against her, including the amount of $113.75 assessed against her as of December 21, 2004, and for which execution may issue from this Court upon finality of this Opinion and Order.
All concur.
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