INQUIRY COMMISSION V. ROBERT L . TREADWAY, ESQ ., KBA MEMBER NO . 81391
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2003-SC-0806-KB
MOVANT
INQUIRY COMMISSION
V.
IN SUPREME COURT
ROBERT L . TREADWAY, ESQ .,
KBA MEMBER NO . 81391
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, Robert L . Treadway, of
Lexington, Kentucky, from the practice of law in the Commonwealth of Kentucky. In its
petition, the Inquiry Commission contends that there exists probable cause that
Treadway 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 Treadway is mentally disabled and lacks the physical
or mental fitness necessary to continue practicing law .
In its petition, the Inquiry Commission states that it has received information that
Treadway allegedly fabricated a story where he informed a former client that there
existed an unfiled civil claim against the client. Purportedly, Treadway told this former
client that the claim accused him of having sex with a minor . Treadway advised the
client to settle the claim in the amount of $56,500 .00. Additionally, Treadway informed
this client that he had hired one James Starks, a private investigator, to investigate the
matter at a cost totaling $10,000.00 . However, Treadway never hired Starks . The
Inquiry Commission has submitted sworn affidavits from both the former client and
Starks that support the above allegations . Specifically, Starks avers that on August 28,
2003, Treadway admitted to him that he had concocted the whole scheme in order to
acquire the funds needed to pay his expenses and to keep his law office open.
It also appears that the aforesaid allegations have resulted in an indictment
being issued against Treadway. The Inquiry Commission has tendered a copy of a true
bill of the Clark County grand jury, which charges Treadway with five counts of theft by
deception, a class D felony .
In his response to the Inquiry Commission's petition, Treadway states that he has
been treated for depression for several years, and has experienced two nervous
breakdowns . The first breakdown occurred in January of 2002 ; the second occurred in
May of 2003 . As a result of his second breakdown, Treadway realized that he was no
longer able to practice law. Consequently, he states that he closed his law office in July
of 2003, and has limited his practice only to matters in which he has assisted the new
counsel to whom he has referred his former clients . Regarding the criminal charges
pending against him, Treadway states that he has entered a plea of not guilty and that
he intends to contest the charges . While he recognizes that his "mental impairment"
has caused "aberrant behavior," Treadway has failed to directly address the assertion
that he manufactured a scheme to misappropriate client funds .
Following an examination of the Inquiry Commission's petition, the supporting
documents attached to said petition, and Treadway's response, this Court finds
probable cause, as set forth in SCR 3 .165(1)(a), to believe that Treadway has
misappropriated client funds or has otherwise dealt improperly with such . Treadway's
conduct also "poses a substantial threat of harm to his clients or to the public." SCR
3 .165(1)(b) . Furthermore, this Court concludes that probable cause exists to believe
that Treadway does not currently possess the requisite mental fitness essential to the
practice of law. SCR 3.165(1)(d) .
WHEREFORE, IT IS HEREBY ORDERED THAT:
1 . Robert L. Treadway 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.
2. The Inquiry Commission shall commence disciplinary proceedings against
Treadway pursuant to SCR 3 .160, unless already begun or unless Treadway
resigns under terms of disbarment .
3 . Pursuant to SCR 3.165(5), Treadway shall, within twenty days of the date of this
order, notify all clients in writing of his inability to continue to represent them and
shall furnish copies of such notification letters to the Director of the Kentucky Bar
Association .
4. Pursuant to SCR 3 .165(6), Treadway shall without delay, to the extent
reasonably possible, cancel and cease any advertising activities in which he is
engaged .
All concur.
ENTERED : December 18, 2003.
COUNSEL FOR MOVANT :
Gardner L. Turner
Sturgill, Turner & Truitt
155 East Main Street
Lexington, KY 40507
Jay R . Garrett
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT :
Robert L. Treadway
East Point Centre, Suite 59
501 Darby Creek Road
Lexington, KY 40509
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