KENTUCKY BAR ASSOCIATION V. ROBERT N . TRAINOR KBA MEMBER NO . 71335
Annotate this Case
Download PDF
TO BE PUBLISHED
,Suyrrmr (gaurf of ' zftlufi~4~
2003-SC-0684-KB
KENTUCKY BAR ASSOCIATION
V.
'-DATE
3
MOVANT
IN SUPREME COURT
ROBERT N. TRAINOR
KBA MEMBER NO . 71335
RESPONDENT
ORDER OF RECIPROCAL DISCIPLINE
The Kentucky Bar Association has filed a renewed petition for reciprocal
discipline against Robert N . Trainor of Covington, Kentucky. Trainor has filed a
response stating that he has no objection to the relief requested .
In 2002, Trainor was charged with professional misconduct by the Cincinnati Bar
Association under the provisions of the Ohio Supreme Court Rules for violations of
disciplinary rule 9-102(A), failing to preserve the identity of client funds, and (B), failing
to maintain complete records of and appropriately account for client funds .
Trainor, who was admitted to practice in Kentucky in 1976, agreed to represent a
client in 1996 in a personal injury action arising from four automobile accidents . Trainor
negotiated a settlement for all of the claims for a total of $50,000 . He deposited the
settlement proceeds, which he received in installments of $25,000, $17,500 and
$7,500, in a client trust account . He provided his client with an accurate accounting of
receipts and disbursements for the first $25,000, but as he received the remaining
amounts and paid additional litigation and medical expenses, he did not similarly
account for the rest of the funds before his client disputed various payments . Trainor
attempted to remedy this situation and reconcile his records, but in the process, he
realized that he had actually overpaid his client . An investigator with the disciplinary
counsel's office of the Cincinnati Bar Association confirmed that Trainor had paid his
client, or on the client's account, $12,737 in excess of the proceeds to which she was
entitled . However, the Board of Commissioners on Grievances and Discipline of the
Supreme Court of Ohio determined that Trainor had failed to properly account for and
preserve the identity of his client's funds in violation of DR 9-102(A) and (B). The
conduct involved is also subject to discipline by the Supreme Court Rules of Kentucky,
3.130-1 .15(b).
The Supreme Court of Ohio, in an order entered on July 23, 2003, found that
Trainor had violated the disciplinary rules and suspended him for six months with the
suspension to be stayed on the condition that he 1) provide the Disciplinary Counsel's
investigator an accounting, prepared by a Certified Public Accountant, of all funds held
in his IOLTA account and 2) provide periodic additional accountings as required by the
investigator, with the investigator to preserve client confidentiality. If Trainor violated
any of these conditions, the stay was to be lifted and he was to serve the full term of
suspension .
The Kentucky Bar Association petitioned this Court for reciprocal discipline
pursuant to SCR 3 .435 . Trainor in his response to the original KBA petition stated that
he simply overpaid, out of an escrow account, an individual and covered the amounts
out of personal funds, and due to certain difficulties with his partnership account, he
was unable to provide a complete accounting, but that no individual lost any funds as a
result .
On December 18, 2003, this Court entered an order to abate the petition for
reciprocal discipline because a disciplinary action was still pending in Ohio and had
been stayed by an order of the Ohio Supreme Court pending the satisfactory
completion of the conditions imposed by that Court. In regard to reciprocal discipline,
SCR 3 .435(3) provides that in the event discipline has been stayed in another state any
discipline imposed in this state shall be deferred until such stay expires .
On January 29, 2004, the Clerk of the Supreme Court of Ohio was advised that
Trainor had complied with the conditions of the order of that Court and that the stay had
thus expired . Consequently, the six month suspension would not be served .
Pursuant to SCR 3 .435, the Kentucky Bar Association renewed its petition for
reciprocal discipline, but requested that the Kentucky discipline run concurrently with
and carry the same conditions as already had been served by Trainor pursuant to the
order of the Supreme Court of Ohio. Trainor filed a response stating he has no
objection to the relief requested .
Pursuant to the motion of the Kentucky Bar Association for the imposition of
concurrent reciprocal discipline, and because there is no objection by Trainor, we grant
the motion and it is hereby ORDERED as follows:
1) Robert N . Trainor is hereby retroactively suspended from the practice of law
effective July 23, 2003 for a period of six months . His suspension is to run concurrently
with and carry the same conditions as the six month probated sentence entered by the
Ohio Supreme Court .
2) Trainor is directed to pay all costs associated with these disciplinary
proceedings against him. In view of the fact that the original Ohio order imposing a
probated suspension has been fulfilled and has expired, it is not necessary for Trainor
to comply with SCR 3.390 regarding notice .
All concur.
Entered : October 21, 2004
COUNSEL FOR MOVANT :
Jay R. Garrett
Deputy Bar Counsel
Kentucky Bar Association
514 W . Main Street
Frankfort, KY 40601
RESPONDENT:
Robert N . Trainor
The Carroll House
216 East Fourth Street
Covington, KY 41011
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
