KENTUCKY BAR ASSOCIATION V. BRYAN KENT BURLEW
Annotate this Case
Download PDF
TO BE PUBLISHED
ll~itMUE
exTurf of
2008-SC-000065-KB
KENTUCKY BAR ASSOCIATION
V.
IN SUPREME COURT
BRYAN KENT BURLEW
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) moves this Court to adjudicate Bryan Kent
Burlew, whose'KBA member number is 87529, guilty of violating SCR 3.130-3 .3(a)(2),
SCR 3.130-3 .4(c), SCR 3.130-5 .5(a), and SCR 3.130-8 .1(b), and to order that he be
suspended from the practice of law for a period of three (3) years . It is further
recommended that this disciplinary file remain sealed because it contains the name of a
juvenile who accused one of Burlew's previous clients of sexual abuse. Burlew was
admitted to practice law in the Commonwealth of Kentucky on October 16, 1998, and
his last known bar roster address is P.O. Box 336, Burlington, Kentucky 41005 . Due to
Burlew's conduct in this disciplinary action as well as his prior disciplinary history, we
agree with the KBA and order Burlew suspended for three years from the practice of
law. Furthermore, we grant the Board of Governors' recommendation regarding a
Protective Order pursuant to SCR 3.150(3) and order that Burlew's disciplinary file
remain sealed .
The current disciplinary proceeding against Burlew relates to the disciplinary
sanction he received on
ember 21, 2005, where this Court ordered that he be
temporarily suspended from the practice of law for the non-payment of his KBA dues
and for the non-compliance with his minimum CLE requirements . Burlew has not made
efforts to restore his license, and it remains suspended . Despite this Court's order
suspending his license in December 2005, Budew, on January 5, 2006, represented a
client in Gallatin District Court who was being charged with the sexual abuse of a child .
Burlew never made his suspension known to the judge in that case, questioned
witnesses in court, and argued on behalf of his client .
On May 18, 2006, a complaint was filed against Burlew by the Inquiry
Commission . Although the copy of the complaint that was mailed to Burlew by the
Inquiry Commission was returned as unclaimed and the sheriff was unable to locate
him for personal service of the complaint, Burlew was ultimately served pursuant to
SCR 3.175(2) on June 19, 2006 . A warning letter was mailed to Burlew reminding him
to respond to the complaint on August 2, 2006, which was also returned as unclaimed.
A copy of the warning letter was served on Burlew pursuant to SCR 3.175(2) on August
29, 2006, however, he never responded to the complaint .
On March 9, 2007, the Inquiry Commission charged Burlew with violating SCR
3.130-3 .3(a)(2) (lack of candor); SCR 3 .130-3 .4(c) (failure to obey a court order), SCR
3.130-5.5(a) (unauthorized practice of law), and SCR 3 .130-8 .1(b) (failure to respond to
a demand for information from a disciplinary authority). Although Buriew was served
with this Charge pursuant to SCR 3.175(2) on April 26, 2007, he has yet to file an
answer to the charge or contest the facts as presented by the KBA. As a result,
Burlew's case came before the Board of Governors as a default case pursuant to SCR
3 .210. Although one member of the Board voted that Burlew was not guilty of violating
SCR 3 .130-8 .1(b), which prohibits lawyers from failing to respond to a lawful demand
for information from a disciplinary authority, the other members unanimously found
Burlew guilty of that charge, as well as the three other charges brought against him,
which included lack of candor, failure to obey a court order, and the unauthorized
practice of law.
In recommending the proper penalty, the Board of Governors considered
Burlew's prior history of disciplinary actions . From October 2005 till March 2006,
Burlew was privately admonished by this Court on four different occasions. These
violations included failing to protect the interests of a client upon termination (SCR
3 .130-1 .16(d)), failure to respond to a demand for information from a disciplinary
authority (SCR 3.130-8 .1(b)), and failing to adequately communicate with a client (SCR
3.130-1 .4). On December 21, 2005, as previously mentioned, Burlew was temporarily
suspended from the practice of law for not paying his KBA dues and for not complying
with his minimum CLE requirements . In addition, on August 24, 2006, Burlew was
suspended from the practice of law in this Commonwealth for one-hundred-eighty-one
(181) days for violations of SCR 3.130-1 .1 (failure to competently represent a client);
SCR 3 .130-1 .3 (failure to diligently represent a client) ; SCR 3 .130-1 .4(a) and (b) (failure
to communicate adequately with a client); SCR 3.130-5 .5(a) (unauthorized practice);
SCR 3.130-8 .1(b) (failure to respond to a demand for information from a disciplinary
authority) ; and SCR 3 .130-8 .3(c) (dishonest conduct) . After considering Burlew's prior
disciplinary history, the Board of Governors recommended by a vote of 15 to 2 that
3
Burlew be suspended from the practice of law in this Commonwealth for three (3) years.
Due to Burlew's unethical conduct in this instance and his extensive disciplinary
history, we agree with the Board's recommendation .
Therefore, it is hereby ORDERED that:
1 . Bryan Kent Burlew is adjudicated guilty of violating SCR 3.130-3.3(a)(2), SCR
3.130-3.4(c), SCR 3.130-5 .5(a), and SCR 3 .130-8 .1(b).
2 . Burlew is suspended from the practice of law in the Commonwealth of Kentucky
for a period of three (3) years . Should Burlew, thereafter, seek to have his
license restored, he must be processed by the Character and Fitness
Committee . Further, the Character and Fitness Committee will have an
opportunity, should it be appropriate, to impose any requirements regarding the
Kentucky Lawyer's Assistance Program (KYLAP) prior to restoration .
3. In accordance with SCR 3 .390, Burlew is ordered to send letters to all Courts in
which he has matters pending and all clients for whom he is actively involved in
litigation within ten days of this Order notifying them of his inability to continue to
represent them and advising them of the necessity of retaining new counsel .
Burlew shall also provide a copy of such letters to the Director of the KBA and
cease advertising activities .
4. Pursuant to SCR 3 .450, Burlew is ordered to pay all costs associated with these
disciplinary proceedings, said sum being $242 .48, and for which execution may
issue from this Court upon finality of this Opinion and Order.
5 . A Protective Order is entered pursuant to SCR 3 .150(3) to protect the identity of
the juvenile referred to in Burlew's disciplinary file .
4
All sitting . All concur.
Entered : April .24, 2008.
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.
