KENTUCKY BAR ASSOCIATION V MARK BLAIR GELLER
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TO BE PUBLISHED
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2004-SC-0379-KB
KENTUCKY BAR ASSOCIATION
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COMPLAINANT
IN SUPREME COURT
V
MARK BLAIR GELLER
RESPONDENT
OPINION AND ORDER
Mark B. Geller, KBA No. 85673, of Louisville, Kentucky, was charged by the
Inquiry Commission with the following six disciplinary violations :
1) SCR 3 .130-1 .3, failure to act with diligence and promptness when
representing a client ; 2) SCR 3 .130-1 .4(a), failure to keep a client informed of the status
of a matter and to respond to reasonable requests for information ; 3) SCR 3.1301 .15(b), failure to refund fees to a client ; 4) SCR 3 .130-1 .16(d), failure to take
reasonable steps to protect the client's interest after termination of the representation ; 5)
SCR 3 .130-8 .3(c), engaging in conduct involving dishonesty, fraud, deceit, or
misrepresentation ; and 6) SCR 3 .130-8 .1(b), failure to knowingly respond to a lawful
demand for information from the disciplinary authority.
On March 21, 2002, Dauton Kuhn, Jr. hired Geller to represent him in a personal
bankruptcy proceeding . He paid Geller a $1,600.00 retainer fee and received a receipt
indicating that he had paid in full for the legal services . Geller never filed a bankruptcy
claim for Kuhn, nor have any pleadings been filed on his behalf with the bankruptcy
court. Geller has retained the $1,600.00 fee paid to him by Kuhn, who made several
unsuccessful attempts to contact Geller, and subsequently filed a bar complaint against
him on June 6, 2003 .
Geller was served with a copy of the complaint on July 16, 2003, but failed to
respond, even after receiving a warning letter on August 16, 2003. After investigating
Kuhn's bar complaint, the Inquiry Commission charged Geller with the above-referenced
charges on September 24, 2003 . He spoke with Deputy Bar Counsel on October 8,
2003, regarding those charges and an additional pending disciplinary matter. Bar
Counsel mailed Geller several documents that he requested during the telephone
conversation, but he has yet to respond to the Inquiry Commission's charges .
Geller was suspended from the practice of law on February 4, 2003, for failure to
pay bar dues . He also has another disciplinary matter (KBA No. 9989) pending before
this Court, which involves findings by the Board of Governors of the Kentucky Bar
Association (Board) of lack of competence, lack of diligence, lack of communication,
and conduct involving dishonesty, fraud, deceit, or misrepresentation . The Board has
recommended that Geller's license be suspended for 181 days as a result of those
findings . Additionally, the Jefferson Circuit Court awarded the clients referenced in KBA
No. 9989 a civil judgment against Geller in the amount of $75,000 .00.
In the case sub iudice , the Board voted 19-0 for guilt on Charges 1-5. On
Charge 6, the vote was 12-7 in favor of guilt. The Board then voted 14-5 to impose a
two-year suspension of Geller's license, to run consecutively to any sentence imposed
in KBA No . 9989 . The five remaining members voted for a five-year suspension . The
Board unanimously voted that Geller must repay Kuhn the $1,600 .00 retainer fee prior
to reinstatement of his license. Geller has not filed a request pursuant to SCR 3 .370(8)
for review by this Court .
Upon the foregoing facts and charges, it is ordered that the recommendations of
the Board of Governors be adopted . Therefore, it is ORDERED that:
1 . Mark B. Geller is hereby suspended from the practice of law in Kentucky for a
period of two (2) years . This suspension is to run consecutively to any other
imposed suspensions.
2.
Geller is ordered to pay restitution in the amount of $1,600.00 to Dauton
Kuhn, Jr.
3. Pursuant to SCR 3 .450, Geller is directed to pay all costs associated with
these disciplinary proceedings in the amount of $152 .74, for which execution
may issue from this Court upon finality of this Opinion and Order.
4. Pursuant to SCR 3.390, Geller shall, within ten (10) days from the entry of this
Opinion and Order, notify all clients in writing of his inability to represent them,
and notify all courts in which he has matters pending of his suspension from the
practice of law, and furnish copies of said letters of notice to the Director of the
Kentucky Bar Association .
5 . Geller is also ordered to immediately cancel any and all advertising in which
he may be engaged to the extent possible .
All concur.
ENTERED : August 26, 2004 .
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