DAVID M. ANDREWS V. KENTUCKY BAR ASSOCIATION
Annotate this Case
Download PDF
TO BE PUBLISHED
,Suprentr (gaurf
of '~RT
2005'SC-00051O-K]B
D
D
QATR`\-'-1
DAVID M . ANDREWS
MOVANT
IN SUPREME COURT
KENTUCKY BAR
ASSOCIATION
RESPONDENT
OPINION AND ORDER
MOV@Ot,Davd M.Andrews,
number 01436, moves this Court for an
OfLexington, Kentucky Ba[Association (KB/\)
order suspending his
license to
practice law in
the Commonwealth of Kentucky for sixty-one days, thirty days to serve and thirty-one
days prObB18dfOrbNOyears during which time Movant agrees to accumulate eight
hours of
remedial ethics education .
under these terms be granted .
The KBA has requested
There exist four KBA
no . 7719, no . 7949, and no . 10090Y
files
that Andrews' motion
regarding Andrews (no . 6546,
Andrews admits his violation of all charges .
In regard to KBA file no . 6546, Andrews had direct
supervision at his firm
of Angela Allen, who had been suspended from the practice of law in Kentucky because
of non-payment of bar dues. Andrews did not ascertain
/\!I8O's
employment began OOApril
this
information at the time
29 ` 1997 . On November 19, 1997, the Inquiry
Tribunal notified Andrews that Allen's
license had been suspended .
However, Andrews
permitted Allen tDcontinue tDpractice law until at least December 5 ' 1997,despite
communication with the Inquiry Tribunal and the Office of Bar Counsel . On December
3, 1997 Andrews wrote a letter to the Office of Bar Counsel relaying his understanding
that Allen had been reinstated and that the reinstatement was retroactive to May 2,
1996. Following receipt of the letter on December 5, 1997, the Office of Bar Counsel
immediately contacted Andrews by telephone and advised him that Allen had not been
reinstated and that she was still not permitted to practice law in Kentucky. This
conversation was confirmed by letter on December 8, 1997. However, Andrews still
took no steps to curtail Allen's practice of law. In January of 1998, Andrews issued a
check in the amount of $610 .00 to the KBA for the restoration of Allen's membership in
the association . The check was drawn from an escrow account in Andrews's firm in
which Allen's funds had been commingled with client funds . Andrews admits that he
violated, as charged by the Inquiry Tribunal, SCR 3.130-5 .1, SCR 3.130-5 .5(b), SCR
3.470, and SCR 3.130-1 .15(a).
In regard to KBA file no. 7719, Andrews knowingly failed to disclose
information in response to discovery requests and related inquiries from opposing
counsel in the case of Lewis v. Wiseman Homes, civil action no. 94-CI-1995, Fayette
Circuit Court. Andrews admits that he violated, as charged by the Inquiry Tribunal, SCR
3.130-3 .3, SCR 3.130-3 .4, and SCR 3.130-8 .3(c) .
In regard to KBA file no . 7947, Andrews sent a letter to the KBA Office of
Bar Counsel, dated April 15, 1998, regarding KBA file no . 6547. The letter contained
false statements regarding matters that were the subject of a pending disciplinary case
and enclosed falsified evidence in support of the statements contained in the letter.
Andrews admits that he violated, as charged by the Inquiry Tribunal, SCR 3.130-3 .3(a),
SCR 130 .8 .1(a), and 3.130-8 .3(c) .
In regard to KBA file no. 10090, Andrews served as counsel for United
Companies Financial Corporation in a real estate transaction in 1991 . The property
involved was being transferred to Janice Crouch from her mother for the purpose of
securing a loan . The property was to be reconveyed after the loan was satisfied .
Andrews prepared a quitclaim deed from Janice Crouch back to her mother to be filed
upon satisfaction of the mortgage . Andrews retained the original deed . In August of
2001, the mortgage was satisfied and a request was made to Andrews to have the
quitclaim deed recorded . However, Andrews had lost the deed. Andrews took no
action to resolve the matter by either preparing a new quitclaim deed or pursuing an
action to quiet title to the property . Andrews admits that he violated, as charged by the
Inquiry Tribunal, SCR 3 .130-1 .15(a), SCR 3.130-4 .4, and SCR 3.130-1 .3 .
Upon the foregoing charges and facts, it is ordered that Movant's Motion
for suspension be granted. Therefore, it is ORDERED that :
1.
Movant, David M. Andrews, is hereby suspended for sixty-one
days, thirty days to serve and thirty-one days probated for two years during which time
Movant will accumulate eight hours of remedial ethics education .
2.
In accordance with SCR 3.450, Andrews is directed to pay all costs
associated with these disciplinary proceedings in the amount of $27.27, for which
execution may issue from this Court upon finality of this Opinion and Order.
All concur.
ENTERED: August 25, 2005 .
COUNSEL FOR MOVANT :
John R . Leathers
One Oxford Center
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
COUNSEL FOR RESPONDENT :
Bruce K. Davis, Executive Director
Linda A. Gosnell, Chief Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
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.