KENTUCKY BAR ASSOCIATION V. WILLIAM T. KLAPHEKE II
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TO BE PUBLISHED
,9upromr Courf of
2006-SC-0572-KB
KENTUCKY BAR ASSOCIATION
PETITIONER
IN SUPREME COURT
WILLIAM T. KLAPHEKE II
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) moves this Court to declare Respondent,
William T . Klapheke, II, KBA Member No. 39143, whose last known address is P.O. Box
517, Edmonton, KY 42129, guilty of three charges brought before the KBA. In light of
the seriousness of these charges and Respondent's past discipline, the KBA also
moves this Court to enter an Order permanently disbarring Respondent from the
practice of law in Kentucky. We so find and enter an Order of permanent disbarment .
I. KBA File 11537
Respondent was properly served charges by the Inquiry Commission on
February 3, 2005, alleging three violations of the Rules of Professional Conduct in
connection with his representation of Nancy Cochran . Respondent failed to file a
response to the initial Bar Complaint, but on May 4, 2005, he did file an Answer to the
charges served by the Inquiry Commission. After the answer was filed, a hearing was
set before a trial commissioner at the Kentucky Bar Center. Respondent failed to
appear either in person or through an attorney at the hearing . Since filing his answer,
Respondent has failed to respond to any correspondence or proceedings in this matter.
Respondent was charged with violating SCR 3.130-1 .15(b) (failure to promptly
deliver client property), SCR 3.130 - 8 .3(c) (misappropriating for one's own use
settlement funds that belonged to a client), and SCR 3.130 - 8.1 (b) (failure to respond
to a disciplinary authority) . In his answer, Respondent admitted violating SCR 3 .130 8 .1 (b) (failure to respond to a disciplinary authority), but denied all remaining
allegations .
At the hearing, Ms. Cochran testified that Respondent represented her in a
personal injury action that was eventually settled . Betty R. Herbert, the attorney who
represented the defendant in the matter, testified that she hand-delivered a settlement
check to Respondent in July 1996 in the amount of $6,426 .54 . After the check was
delivered, Respondent instructed Ms. Cochran to endorse the check and that after
doing so, he would deposit the check in his escrow account. Ms. Cochran had a due
and owing medical bill to her chiropractor for the treatment of injuries which were
sustained in the personal injury matter. Both Ms. Cochran and the chiropractor were
assured by Respondent on numerous occasions that this medical bill would be paid
from the settlement check, as well as $500 to Ms. Cochran for her pain and suffering.
Despite numerous telephone calls, letters, and years of waiting, neither Ms. Cochran
nor the chiropractor was ever paid the funds promised by Respondent.
Respondent alleged in his answer that there were simply no funds left to
distribute from the settlement check after his fee and expenses were deducted . The
trial commissioner found that such an unsubstantiated claim was not sufficient to rebut
the testimony and documentation presented by Ms. Cochran .
The Board of Governors voted 15 to 0 to find Respondent guilty of the three charges
set forth above . The Board also unanimously recommended disbarment in accordance
with the recommendation of the trial commissioner.
11 . Conclusion
The record in this case indicates a clear and extended pattern of noncompliance
with and disobedience to the rules of Respondent's chosen profession . On November
30, 1989, Respondent was publicly reprimanded for unprofessional conduct. On
November 22, 2000, he was suspended for a period of three (3) years . On December
18, 2003, he was suspended for two (2) additional one (1) year terms. Upon the
foregoing facts and charges, we find sufficient evidence to adjudicate Respondent guilty
of all counts currently pending before this Court . We further hold that in light of the
seriousness of Respondent's conduct and the extensiveness of Respondent's past
discipline, the recommendation of the KBA should be adopted. Therefore, it is
ORDERED that:
1.
William T. Klapheke, 11, KBA Member No. 39143, is adjudicated guilty of all
charges alleged in KBA File 11537.
2.
William T. Klapheke, 11, KBA Member No . 39143, is hereby permanently
disbarred from the practice of law in the Commonwealth of Kentucky for multiple
violations of the Rules of Professional Conduct over an extended period of time .
3.
In accordance with SCR 3 .450, Respondent is directed to pay all costs
associated with these disciplinary proceedings in the amount of $1,340 .50 for which
execution may issue from this Court upon finality of this Order.
All concur . Minton, J., not sitting .
ENTERED: October 19, 2006.
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