JOSEPH FREDERICK BAMBERGER, III V. KENTUCKY BAR ASSOCIATION
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RENDERED: FEBRUARY 22,200l
TO BE PUBLISHED
JOSEPH FREDERICK BAMBERGER, Iii.
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Joseph Frederick Bamberger III, a practicing attorney, moves this Court,
pursuant to SCR 3.480(3), for an order suspending him from the practice of law for
thirty (30) days, probated for one (1) year with conditions.
Movant acknowledges the following facts that led to his violation of several Rules
of Professional Conduct. Peggy Jones hired Movant in March 1999 for representation
in a divorce proceeding. Jones paid Movant $300.00 on March 22, 1999 and $100.00
on March 26, 1999. Movant completed several legal transactions for Jones in March
1999, such as filing a Petition for Dissolution of Marriage and a Waiver of Summons.
Mr. and Mrs. Jones signed a Final Settlement Agreement on March 26, 1999, but
Movant did not file the agreement in the record until June 18, 1999. Jones did not have
any contact with Movant between early April and June 17, 1999, until Jones contacted
Movant regarding a custody/visitation issue in June. In July 1999, Movant told Jones
that she, her husband and her daughter had to attend a court-ordered class before the
divorce could be final.
Following attendance at the required class, Jones attempted to contact Movant
several times a week from late August 1999 to January 2000. Movant never returned
any of her phone calls and never took reasonable measures to finalize Jones’ divorce.
Jones retained another lawyer, at additional expense, to finalize her divorce and
contacted the Kentucky Bar Association to file a complaint against Movant. After
notification of the bar complaint, Movant refunded $300.00 to Jones.
As a result of these actions, the Kentucky Bar Association issued a charge
against Movant on June 6, 2000, alleging that he violated SCR 3.130-I .3, which
provides that a “lawyer shall act with reasonable diligence and promptness in
representing a client,” and SCR 3.130-I .4(a) which provides that a “lawyer should keep
a client reasonably informed about the status of a matter and promptly comply with
reasonable requests for information.”
Movant acknowledges that he violated these provisions and now wishes to
terminate the disciplinary proceedings against him by consenting to a thirty-day (30)
suspension, probated for one (1) year, with conditions. Movant also admits that he has
a problem with alcohol dependence, and therefore agrees to the terms and conditions
of probation, set out below. The Kentucky Bar Association does not object to the
Movant’s motion.
Therefore, it is ordered that Bamberger’s Motion for Suspension from the
Practice of Law, Probated, for Movant’s admitted violations of SCR 3.130-I .3 and SCR
3.130-I .4(a) is hereby GRANTED.
It is further ORDERED that:
1. Movant shall abstain from the consumption of alcoholic beverages.
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2. Movant shall attend or continue to attend Alcoholics Anonymous (AA)
meetings and shall have regular conferences with his AA sponsor, Jeff.’
3. A member of the Lawyers Helping Lawyers Committee has agreed to
supervise Movant during his probationary period. Movant’s Supervisor shall file
quarterly reports with the Disciplinary Clerk of the Kentucky Bar Association for
distribution to Bar Counsel. These reports shall state if Movant is complying with the
terms and conditions of this Order. If at any time the Supervisor becomes aware of
- Movant’s violation of any of the terms of this Order, he shall immediately file a notice of
such violation(s) with the Disciplinary Clerk of the Kentucky Bar Association for
distribution to Bar Counsel and Movant.
4. Movant’s Supervisor has the following responsibilities:
(a) To obtain an affidavit from the Movant and Movant’s AA sponsor with
answers to the following questions: (i) whether Movant has abstained from consumption
of alcoholic beverages and (ii) whether Movant has continued to attend AA meetings
during the reporting period;
(b) To review the records of Boone District and Circuit Court to determine if
Movant has been involved in any alcohol-related incidents during the reporting period;
(c) To contact Movant as the Supervisor deems appropriate to discharge his/her
responsibilities as set forth above.
5. Movant’s AA sponsor, Jeff, has agreed to notify the Disciplinary Clerk of the
Kentucky Bar Association of any failure by Movant to satisfy the terms of this Order.
Upon entry of this Court’s Order, counsel for Movant will notify Jeff that a report of non-
’ We have purposely deleted Jeff’s last name to protect his anonymity.
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compliance with the probationary terms shall be submitted to the Movant’s Super-visor in
the event that Movant violates any of the conditions contained herein.
6. If Movant violates the terms of probation within one (1) year of the date of this
Order, the Kentucky Bar Association may file a motion with this Court requesting the
issuance of a show cause order directing Movant to show cause, if any, why the thirtyday suspension should not be imposed.
7. At the expiration of the probation period of one (1) year, and if Movant has
fully complied with the above terms, the order of suspension shall be terminated and all
terms of Movant’s probation shall be terminated. Additionally, Movant’s Supervisor and
Jeff shall be discharged from any further responsibilities relating to this Order.
8. Movant shall pay the costs of this action in the amount of $33.61.
All concur. Wrntersheimer, J., not sitting.
ENTERED: February 22,200l
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