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Kentucky Bar Association v. Geisler

Kentucky Supreme Court

938 S.W.2d 578 (1997)

Relevant factsFree

Geisler (defendant) represented McNealy in a personal injury suit; after McNealy died before trial, Geisler contacted opposing counsel Ford stating McNealy wished to settle, without disclosing the death, and the two reached a settlement that was ultimately signed by McNealy's son as estate administrator — at which point Ford first learned McNealy had died. Ford filed a bar complaint, and the Kentucky Bar Association (plaintiff) charged Geisler with an ethics violation, recommending a private reprimand but a public opinion for the bar's benefit; the Kentucky Supreme Court reviewed the matter on its own motion.

IssueFree

Whether a lawyer has a duty to disclose a client's death to opposing counsel and the court when the lawyer next communicates with either.

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