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Kentucky Bar Association v. Helmers

Supreme Court of Kentucky

353 S.W.3d 599 (2011)

Relevant factsFree

Helmers (defendant), a young associate at a firm representing plaintiffs in a $200 million class-action settlement, was directed by his supervising attorney to meet with 39 clients to obtain releases while intentionally withholding critical settlement details (including financial terms, class decertification, and fund withholdings), offering clients less than their originally assigned allocation, threatening penalties for discussing the settlement with other plaintiffs, and soliciting client approval to donate unawarded funds to a charity controlled by the supervising attorneys. Most of the attorneys involved in the broader scheme were eventually disbarred. The Kentucky Bar Association (plaintiff) charged Helmers with eight ethics violations; the trial commissioner found him guilty of six, noting his subordinate role, and recommended a five-year suspension, but the Board of Governors reviewed the matter de novo, agreed on the six violations, and recommended permanent disbarment.

IssueFree

Whether an attorney may be disciplined or disbarred for conduct that violates the state's ethical rules of professional conduct, even if that conduct was undertaken at a supervising attorney's direction.

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