FERDINAND R. RADOLOVICH V. KENTUCKY BAR ASSOCIATION
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2009-SC-000128-KB
FERDINAND R . RADOLOVICH
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Ferdinand R . Radolovich moves this Court to enter an order permanently
disbarring him from the practice of law in the Commonwealth of Kentucky .
Radolovich, whose KBA member number is 56330 and whose bar roster
address is 714 Fairhill Drive, Louisville, Kentucky 40207, was admitted to
practice law in this Commonwealth on October 1, 1974 . Due to Radolovich's
four KBA Files each involving different ethical violations, his perjury conviction,
and his own admission of guilt with regard to the multiple allegations of
misconduct, we conclude that he should be permanently disbarred .
The charges filed against Radolovich as set forth in KBA File 8504 were
based on his conduct in representing Raymond C. Watts and Rita Watts from
June 9, 1992 to October 1997. During the summer of 1997, Radolovich led the
Wattses to believe that their case was still pending and that he was negotiating
with opposing counsel to either reach a settlement agreement or reopen the
case . However, the case had been dismissed with prejudice three months
earlier by the trial court . In addition, after the Wattses' case was dismissed,
Radolovich prepared a document for the Wattses to sign that released him from
all liability relating to the filing of the bankruptcy action. Subsequently, on
April 24, 2003, the Inquiry Commission charged Radolovich with violating SCR
3 .130-1 .8(h) for making an agreement prospectively limiting his liability for
malpractice, and SCR 3 .130-8 .3(c) for engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation. In his motion before this
Court, Radolovich admits that his conduct in representing the Wattses violated
SCR 3 .130-8 .1(h) and SCR 3 .130-8 .3(c) .
KBA File 10822 involves Radolovich's failure to provide truthful
testimony about his representation of James Earl Slaughter during a hearing
in the Jefferson Circuit Court on September 7, 1994. As a result of this
misconduct, Radolovich was indicted on one count of perjury on July 24, 2003 .
As a condition of his plea agreement with the Commonwealth's Attorney,
Radolovich immediately notified the KBA of his request to permanently
withdraw his membership as an attorney in this Commonwealth . Due to this
misconduct, the KBA opened an investigative file on August 11, 2003, but has
not yet issued charges based on Radolovich's perjury indictment. Radolovich
now informs this Court that although the Inquiry Commission has grounds to
issue a charge against him in KBA File 10822, he wishes to resolve this matter
by resigning under terms of permanent disbarment as required by his plea
agreement.
KBA File 13668 involves Radolovich's misconduct in representing Karin
Spurling. On November 23, 2005, Spurling filed a bar complaint against
Radolovich, alleging that he gave her incorrect advice regarding whether her
guilty plea to fraud charges would be a misdemeanor or a felony, and, in a
separate case, whether her settlement proceeds from a sexual harassment
lawsuit would be taxable income. Subsequently, Spurling also filed a civil
complaint against Radolovich claiming that he had provided inadequate legal
representation . Spurling and Radolovich eventually agreed on a settlement,
and the civil action was dismissed on May 14, 2007 . As with the previous KBA
files, Radolovich admits that his misconduct in representing Spurling has
implicated several ethical rules and that the Inquiry Commission has grounds
to issue charges against him. However, Radolovich again wishes to resolve this
matter by being permanently disbarred from the practice of law .
On August 8, 2006, the U .S . Court of Appeals for the Sixth Circuit
ordered Radolovich to pay the opposing party's attorney's fees and costs
associated with an appeal the Sixth Circuit deemed to be incoherent and
frivolous . Because Radolovich did not comply with this order, the Sixth Circuit
granted a motion holding him in contempt . As set forth in KBA File 14751, on
July 21, 2008, the Inquiry Commission issued a complaint against Radolovich
notifying him that his misconduct in this instance implicated SCR 3 .130-3 .1
and SCR 3 .130-3 .4(c) .
Radolovich admits that he is guilty of all allegations of misconduct
described above and asks this Court to terminate the disciplinary proceedings
set forth in KBA File 8504, 10822, 13668, and 14751 by entering an order of
permanent disbarment. Radolovich insists that he no longer wants to engage
in the practice of law and understands that he cannot be reinstated following
this order of permanent disbarment because the provisions of SCR 3 .480(3)(a)
and SCR 3.510 do not apply. The KBA has no objection to Radolovich's
motion.
This Court has granted a motion of permanent disbarment against other
attorneys who have engaged in misconduct similar to Radolovich's . Scalf v.
KBA, 11 S.W.3d 34 (Ky. 2000) (permitting an attorney to resign under terms of
permanent disbarment who acknowledged his misconduct in numerous
pending disciplinary matters) ; KBA v . Vanmeter , 176 S .W.3d 692 (Ky. 2005)
(finding that permanent disbarment was appropriate for an attorney who had
engaged in professional misconduct in her representation of two clients and
who had pled guilty to perjury, tampering, and criminal possession of a forged
instrument) . Here, Radolovich has engaged in a lengthy pattern of misconduct,
which involved misrepresenting multiple clients, lying under oath to a tribunal,
and failing to comply with orders of the Sixth Circuit . Furthermore, Radolovich
has clearly stated in his motion that he no longer wishes to practice law in this
Commonwealth or in any other jurisdiction. Accordingly, it is hereby
ORDERED that:
1 . Ferdinand R. Radolovich is guilty of violating SCR 3 .130-8 .1(h) and SCR
3.130-8 .3(c) as set forth in KBA File 8504 .
2 . Ferdinand R . Radolovich is permanently disbarred from the practice of
law in the Commonwealth of Kentucky .
3 . Pursuant to SCR 3.450, Ferdinand R. Radolovich is directed to pay all
costs associated with these disciplinary proceedings in the amount of
$560 .42.
4 . Pursuant to SCR 3.390, Ferdinand R. Radolovich shall, within ten (10)
days from the entry of this Opinion and Order, notify all clients, in
writing, of his inability to represent them; notify, in writing, all courts in
which he has matters pending of his disbarment from the practice of law;
and furnish copies of all letters of notice to the Executive Director of the
Kentucky Bar Association. Furthermore, to the extent possible,
Radolovich shall immediately cancel and cease any advertising activities
in which he is engaged.
All sitting. All concur.
ENTERED : May 21, 2009 .
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