INQUIRY COMMISSION V. BARBARA E. YEAGER
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2010-SC-000514-KB
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INQUIRY COMMISSION
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MOVANT
IN SUPREME COURT
BARBARA E . YEAGER
KBA MEMBER NO. 84058
RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3 .165(1)(a) and (d), the Inquiry Commission petitions
this Court to enter an order temporarily suspending the Respondent, Barbara
E . Yeager, whose bar roster address is 104 Court Square, P. O. Box 601,
Barbourville, Kentucky 40906, from the practice of law in the Commonwealth
of Kentucky . In its petition, the Inquiry Commission contends that there exists
probable cause that Yeager has misappropriated funds held for others or has
otherwise handled said funds in an inappropriate manner. The Inquiry
Commission further contends that there is probable cause to believe that
Yeager is mentally disabled and lacks the physical or mental fitness necessary
to continue practicing law.
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In its petition, the Inquiry Commission states that it has received three
complaints against Yeager. In two of the complaints, a former client alleges
that he paid funds to Yeager and services were never rendered. In the third
complaint, a former client alleges that Yeager failed to return the entirety of
funds held in an escrow account. Yeager's son has responded to the
complaints against his mother and has provided evidence of a serious health
crisis. The evidence documents a rapid onset of confusion and memory loss
and a level of dementia .
Following an examination of the Inquiry Commission's petition, the
supporting documents attached to said petition, and the response submitted
by Yeager's son, this Court finds probable cause, as set forth in SCR 3 .165(a),
to believe that Yeager has misappropriated client funds or has otherwise dealt
improperly with such funds. Furthermore, this Court concludes that probable
cause exists to believe that Yeager does not currently possess the requisite
.
.165(1)(d)
mental fitness essential to the practice of law . SCR 3
WHEREFORE, IT IS HEREBY ORDERED THAT:
l.
Barbara E. Yeager, KBA Member No. 84058, is temporarily
suspended from the practice of law in the Commonwealth of
Kentucky, effective the date of this order and until superseded by
subsequent order of this Court.
The Inquiry Commission shall commence disciplinary proceedings
against Yeager pursuant to SCR 3 .160, unless already begun or
unless Yeager resigns under terms of disbarment .
3.
Within twenty (20) days from the date of the entry of the order of
temporary suspension, Yeager shall notify all clients in writing of
her inability to continue to represent them and shall furnish copies
of all such letters of notice to the Director of the KBA. SCR
3 .166(5) .
4.
Upon the issuance of an order of temporary suspension, Yeager
shall immediately, to the extent possible, cancel and cease any
advertising activities in which she is engaged, and remove her
name from any firm with which she may be associated. SCR
3 .166(6) .
All sitting . All concur.
ENTERED : October 21, 2010.
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