INQUIRY COMMISSION V. JOHN MICHAEL POOLE
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TO BE PUBLISHED
INQUIRY COMMISSION
V.
IN SUPREME COURT
JOHN MICHAEL POOLE
RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3.165, the Inquiry Commission requests that this Court issue
an order of temporary suspension against respondent, Michael J. Poole, whose last
known address is The Starks Building, 455 South Fourth Street, Suite 610, Louisville,
Kentucky.
In support of its petition, the Inquiry Commission has submitted an affidavit from
Heather Schroeder, who was the vice-president of USA Title Company, a Kentucky
corporation organized and operated by Poole. In the affidavit, Schroeder states that
USA Title Company, as an agent of Chicago Title Insurance Company, conducted real
estate closings, issued title insurance policies, and disbursed funds deposited in its
escrow account to pay off mortgage debts and other expenses related to real estate
closings. Further, she alleges that Poole made inappropriate and possibly illegal use of
funds from the USA Title escrow account through telephone transfers of escrow funds
into the company’s operating account.
Additionally, Chicago Title Insurance Company has filed suit against Poole and
USA Title Company. At the same time it filed suit, Chicago Title sought and received a
restraining order which restrained Poole and USA Title “from transferring any funds out
of the USA Title escrow account . . . and/or disposing of any other funds that have been
entrusted to them in their capacity as agents for Chicago Title . . . .”
The order also
directed Poole and USA Title to surrender certain records to Chicago Title. By the
terms of the restraining order, it was to remain in effect until the trial court ruled on
Chicago Title’s motion for a temporary injunction. The matter was heard on July 30,
1999. After hearing arguments, the court issued an order allowing Chicago Title to
maintain possession of the records and further ordered that the escrow account in
question be frozen.
In support of its petition, the Inquiry Commission has also submitted Chicago
Title’s complaint against Poole and USA Title. Attached to the complaint as an exhibit
are copies of records that document the telephonic transfer of funds from the escrow
account into the operating and other accounts. These records clearly show that Poole
authorized these transfers.
SCR 3.165(l)(a) provides that an attorney may be temporarily suspended if it
“appears that probable cause exists to believe that an attorney is or has been
misappropriating funds the attorney holds for others to his/her own use or has been
otherwise improperly dealing with said funds.” In response to the show cause order,
Poole argues that the civil lawsuit filed by Chicago Title does not establish probable
cause. He further argues that the escrow account in question has a positive balance of
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over $150,000. However, he does not dispute that he authorized the account transfers
documented in Chicago Title’s complaint. Nor does he offer any explanation as to the
purpose for making these transfers.
We conclude that there appears to be probable cause that John Michael Poole
misappropriated funds which he held for Chicago Title’s use.
It is therefore ORDERED that:
1) Respondent, John Michael Poole of Louisville, Kentucky, is temporarily
suspended from the practice of law in this Commonwealth, effective immediately and
until superseded by subsequent order.
2) Disciplinary proceedings against respondent shall be initiated by the Inquiry
Commission pursuant to SCR 3.160, unless already begun.
3) The temporary suspension of respondent shall be effective with the entry of
this order and shall continue in effect until such time as the merits of the above-ordered
disciplinary proceedings can be finally determined by this Court or until such time as
respondent can show good cause why the order of temporary suspension should be
amended or dissolved.
4) Pursuant to SCR 3.165, respondent shall, within twenty days of the date of
entry of this order, notify all clients in writing of his inability to continue to represent
them and shall furnish copies of such letters of notice to the Director of the Kentucky
Bar Association. Respondent also shall immediately, to the extent reasonably possible,
cancel and cease any advertising activities in which he is engaged. Failure to comply
with this rule shall subject respondent to a charge of contempt of court.
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5) Pursuant to SCR 3.450 and SCR 3.480(3), respondent is directed to pay all
costs arising out of this proceeding, for which execution may issue from this Court upon
finality of this Opinion and Order.
All concur.
Entered: November 18, 1999.
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