DAVID A. SCHECHTER V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
Aff
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2005-SC-0507-KB
APPELLANT
DAVID A. SCHECHTER
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
APPELLEE
OPINION AND ORDER
David A. Schechter, KBA No. 61850, whose bar roster address is 7801 Crown
Top Road, Louisville, KY 40241, moves this Court to grant his application to be restored
to the practice of law. We so grant and enter an Order conditionally restoring Mr.
Schechter as a licensed attorney in the Commonwealth of Kentucky.
Mr. Schechter was admitted to the Kentucky Bar on April 25, 1972. He was
suspended from the practice of law for violating SCR 3.130 - SCR 8 .3(b). Mr.
Schechter's suspension stemmed from his plea of guilty in September 1997 to the
violation of federal wiretapping laws . Specifically, Mr. Schechter admitted that he
surreptitiously installed wiretapping devices on an employee's telephone in order to
overhear her conversations. When the Inquiry Commission charged Mr. Schechter
with a violation of the Supreme Court Rules in October 2002, Mr. Schechter admitted
that his conviction constituted unethical conduct in violation of the rules and requested
that this Court suspend him from the practice of law for two years . On April 24, 2003,
this Court granted Mr. Schechter's motion and suspended him from the practice of law
for a period of two years .
On June 28, 2005, Mr. Schechter filed an application for reinstatement pursuant
to SCR 3.510(3) . Mr. Schechter acknowledged being diagnosed with and treated for
bipolar disorder, which he claims contributed to the episode of misconduct which led to
his suspension . Mr. Schechter has not practiced law during the period of his
suspension, and at the time this matter was considered by the Board of Governors,
there were no pending complaints, charge files, or Client Security Fund claims pending
against Mr. Schechter. Upon investigation, the Character and Fitness Committee
concluded that Mr. Schechter possessed the requisite character, fitness, and moral
qualifications for readmission to the practice of law in Kentucky.
By a vote of fifteen to zero (15-0), the Board of Governors unanimously
recommended approval of Mr. Schechter's application for reinstatement to the practice
of law in Kentucky upon the following conditions : (1) that Mr. Schechter continue his
treatment for bipolar disorder; and (2) that Mr. Schechter abide by a supervision
agreement entered into on August 15, 2006, with the Kentucky Lawyer's Assistance
Program (KYLAP) to monitor his treatment for a period of two (2) years .
Mr. Schechter has satisfied his CLE course requirements through the end of the
educational year ending June 30, 2006. He has also paid the required filing fee and
outstanding bar dues.
Upon the foregoing facts, we find no impediments to the conditional restoration of
Mr. Schechter to the practice of law. Therefore, it is ORDERED that:
1.
David A. Schechter, KBA No . 61850, is hereby restored to the practice of
law in the Commonwealth of Kentucky with the following conditions : (1) that he continue
his treatment for bipolar disorder ; (2) that he abide by and adhere to the letter and the
spirit of the conditions set forth in the two-year Supervisory Agreement entered into with
KYLAP and executed on August 15, 2006; and (3) that he sign authorizations allowing
the Office of Bar Counsel, the Office of Bar Admissions, and the Court to review any
records pertaining to him which are held by KYLAP, mental or medical health
professionals, social workers, and any other treatment professionals .
2.
The Director of KYLAP shall file quarterly reports with the Disciplinary
Clerk of the Kentucky Bar Association for distribution to the Office of Bar Admissions
and the Office of Bar Counsel stating whether Mr. Schechter is complying with the terms
and conditions of this reinstatement . If at any time the KYLAP Director becomes aware
that Mr. Schechter has violated any of the terms of this order or the above referenced
Supervision Agreement, he or she shall immediately file a notice of such violations with
the Disciplinary Clerk of the Kentucky Bar Association for distribution to the Office of Bar
Admissions, the Office of Bar Counsel, and Mr. Schechter .
3.
In accordance with SCR 3 .450, Respondent is directed to pay all costs
associated with these proceedings in the amount of $696.38 for which execution may
issue from this Court upon finality of this Order.
All concur.
ENTERED: September 21, 2006.
Chief Justice
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