KENTUCKY BAR ASSOCIATION V. MARK BLAIR GELLER
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2006-SC-0075-KB
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KENTUCKY BAR ASSOCIATION
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PLAINANT
IN SUPREME COURT
MARK BLAIR GELLER
RESPONDENT
OPINION AND ORDER
Mark Blair Geller, KBA No. 85673, whose last bar roster address is 4212
Machupe Drive, Louisville, KY 40241, was suspended from the practice of law in
Kentucky for two years in Kentucky Bar Association v . Geller, 141 S .W.3d 365 (Ky.
2004) . This disciplinary action is brought by the KBA for further disciplinary action on
other conduct resulting in five charges against Geller for violations of SCR 3 .130-1 .3,
SCR 3.130-1 .16(4), SCR 3.130-3 .2, SCR 3.130-3 .4(c), and SCR 3.130-8 .1(b) .
On October 20, 2000, pursuant to a client agreement, Geller filed a suit against
the Sara Lee Corporation and Thomas D. Rollins . Although the clerk issued summons
for the defendants, Geller never processed them for service . On December 5, 2001,
the case was dismissed for failure to prosecute .
On November 14, 2002, another attorney filed a motion to be substituted as
counsel . This new attorney filed a motion for Geller to produce all client records . On
November 18, 2002, the motions were heard, but Geller failed to appear resulting in the
Jefferson Circuit Court entering an Order dated December 3, 2002 substituting the new
attorney and ordering Geller to produce all records within 48 hours . Geller failed to
produce the documents .
On December 16, 2002, a motion for contempt of court was heard concerning
Geller's failure to produce the documents at which Geller failed to appear . In an Order
dated January 7, 2003, Geller was found in contempt of court and his arrest ordered .
Thereafter, Geller produced some of the client materials to the new attorney and the
arrest warrant was withdrawn in May.
On May 27, 2003, Geller failed to appear at a show cause hearing over a motion
filed by the defendants. The defendants wanted a response to their subpoena duces
tecum regarding documents evidencing that the original summons was processed . The
court issued a show cause order for Geller to appear on August 4, 2003. Geller failed
to appear at that hearing as well causing the court to enter another warrant for his
arrest. On November 5, 2003, the underlying suit was dismissed for failure to file the
claim within the applicable statute of limitations .
Earlier that year, the Inquiry Commission had begun investigating Geller's
conduct in this matter . On January 18, 2003, the Inquiry Commission served a
Complaint on Geller via certified mail. On October 9, 2003, after Geller failed to
respond, a warning letter was served on Geller via certified mail . Geller failed to
respond to this letter as well .
On February 26, 2004, the Inquiry Commission amended the Complaint to
include more charges of rule violations . On April 21, 2004, a Jefferson County Sheriff
served Geller with this amended Complaint. On June 14, 2004, the Sheriff served
Geller again with a warning letter . Geller failed to respond to either amended complaint .
On June 10, 2004, Geller left a telephone message at the Office of the Bar
Counsel stating his current address. On July 10, 2004, another copy of the amended
complaint was served on Geller via certified mail . Geller failed to respond .
On July 20, 2005 the Inquiry Commission issued the Charge . On August 8, 2005
and on August 29, 2005, Geller was served the Charge and a warning letter,
respectively, via certified mail . Geller, again, failed to respond with an answer to the
Charge .
The Inquiry Commission Charge contains five counts . Count I alleges violation
of SCR 3.130-1 .3 for failing to act with reasonable diligence in representing his client .
Count II alleges violation of SCR 3.130-1 .16(d) for failing to timely return his client's file
upon request or otherwise protect his client's interests in abandonment of the
representation . Count III alleges violation of SCR 3.130-3 .2 for failing to pursue his
client's claims after commencing the civil action and for failing to respond to request for
discovery . Count IV alleges violation of SCR 3.130-3 .4(c) for repeatedly failing to obey
the orders of the Jefferson Circuit Court resulting in a finding of civil contempt on two
separate occasions. Count V alleges violation of SCR 3 .130-8 .1(b) for failing to
respond to Inquiry Commission Complaints and amended Complaints.
The Board of Governors found Geller guilty on all counts by a unanimous vote .
On the matter of discipline, 13 Board members voted to impose a three-year
suspension to run consecutively after all pending suspensions. There were eight votes
for permanent disbarment . Accordingly, the KBA recommends a three-year suspension
from the practice of law to be served consecutively to the two-year suspension Geller is
already serving and this Court imposed in KBA v. Geller , supra .
Under all the circumstances, this Court finds the recommended sanctions
appropriate .
THEREFORE, IT IS HEREBY ORDERED as follows :
(1) Respondent, Mark Blair Geller, is hereby suspended from the practice of law
in the Commonwealth of Kentucky for a period of three (3) years for violations
of SCR 3 .130-1 .3, SCR 3.130-1 .16(d), SCR 3 .130-3 .2, SCR 3 .130-3 .4(c),
and SCR 3 .130-8 .1(b).
(2) In accordance with SCR 3.450 and SCR 3.480(3), respondent is directed to
pay all costs associated with this disciplinary proceeding against him in the
amount of $374.26, for which execution may issue from this Court upon
finality of this order .
(3) Pursuant to SCR 3 .390, respondent is hereby ordered to provide notice to
any clients, if applicable, he currently represents of his inability to provide
further legal services, to notify all courts in which he has matters of his
pending suspension and to provide the Director of the Kentucky Bar
Association with a copy of all such letters simultaneously to their mailing.
(4) This suspension shall run consecutive to the two-year suspension from the
practice of law imposed in Kentucky Bar Association v. Geller, 141 S .W .3d
365 (Ky. 2004) .
All concur.
ENTERED : April 20, 2006
ATTORNEY FOR COMPLAINANT :
ATTORNEY FOR RESPONDENT :
Bruce K. Davis
Executive Director
Mark B. Geller
4212 Machupe Drive
Louisville, KY 40241
Greg Munson
Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
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