KEITH U. LAURIN V. KENTUCKY BAR ASSOCIATION
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KEITH U. LAURIN
V.
TO BE PUBLISHED
D
_*
MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, Keith U . Laurin, KBA Member No . 40270, moves this Court to
publically reprimand him with conditions, pursuant to SCR 3 .480(2) for his
violation of SCR 3.130-1 .1, SCR 3 .130-1 .3, and SCR 3 .130-1 .4(a) . The
Kentucky Bar Association expresses no objection to Laurin's motion. Finding
public reprimand appropriate for Laurin's violations, we hereby grant his
motion for the reasons set forth below . Laurin was admitted to the practice of
law on April 1, 1971, and maintains a bar roster address of 227 Pearl Street,
New Albany, Indiana 47150 .
In February 2004, Patrick Kelly hired Laurin to form a tax-exempt
organization pursuant to 26 USC ยง501(c)(3) . In March 2004, Kelly paid Laurin
$650 for his services which included the formation of a limited liability
company. Later, Laurin gave Kelly some forms and told him that he would file
the completed forms with the Internal Revenue Services (IRS) to obtain tax-
exempt status . Laurin never filed any of the forms completed by Kelly with the
IRS .
In July 2004, Kelly contacted Laurin requesting the Employer's
Identification Number (EIN) for the LLC . Laurin told Kelly he had not obtained
an EIN, and directed Kelly to contact the IRS. Kelly contacted the IRS,
obtained an EIN, and provided it to Laurin .
Several months later, Kelly asked Laurin about the status of his matter.
Laurin erroneously told Kelly that he sent the documents to the IRS to apply
for tax-exempt status and that he would contact him when the IRS provided a
response .
In November 2004, Kelly again contacted Laurin. Laurin told Kelly he
could not speak then and would call him back, but did not do so . Thereafter,
Kelly left several messages for Laurin which were never returned .
Laurin now admits that during his representation of Kelly he violated
SCR 3 .130-1 .1 by failing to create an organization for Kelly which could qualify
to obtain tax-exempt status .
Laurin admits that he violated SCR 3 .130-1 .3 by failing to promptly
obtain an EIN for Kelly's organization and by failing to promptly attempt to
obtain tax-exempt status for the organization.
And Laurin admits that he violated SCR 3 .130-1 .4(a) by failing to
adequately respond to Kelly's reasonable requests for information about the
status of his matter .
Laurin received prior discipline in the form of private admonishments by
the KBA Inquiry Commission in January 1985 and October 1999 .
After reviewing Laurin's file and receiving the recommendation of the
KBA, we now order that his motion for a public reprimand with conditions be
granted. See Richards v. Kentucky Bar Association , 181 S .W.3d 556 (Ky. 2005)
(holding that a public reprimand along with completion of nine hours of
remedial continuing education credit adequate punishment for failure to
provide diligent representation to client) ; Kentucky Bar Association v . Nesbitt,
189 S .W.3d 144 (Ky. 2006)(ordering a public reprimand for attorney's failure to
file client's brief and failure to communicate properly with client) ; Kentucky Bar
Association v. Noble , 118 S .W.3d 586 (Ky. 2003)(providing a public reprimand
for an attorney who failed to act with diligence and reasonableness in
representing client) .
Accordingly, it is ORDERED that:
1.
Movant, Keith U. Laurin, KBA Member No . 40270, is publicly
reprimanded for his violation of SCR 3 .130-1 .1, SCR 3 .130-1 .3, and
SCR 3 .130-1 .4(a) .
2.
Movant will reimburse Patrick Kelly the sum of $650.00, within thirty
(30) days of the entry of this order, with proof of payment of the refund
to the Office of Bar Counsel (OBC) within the same thirty (30) day time
period .
3.
Movant must attend the next Ethics and Professional Enhancement
Program to be offered by the Office of Bar Counsel if Movant did not
attend the EPEP offered in April 2009 . Movant will not apply for CLE
credit of any kind for his attendance at the Ethics and Professional
Enhancement Program, and is required to furnish a release and waiver
to the Office of Bar Counsel to review his records in the CLE
department that might otherwise be confidential, with such release to
continue in effect for one year after completion of the remedial
education, in order to allow the Office of Bar Counsel to verify that
Movant has not reported any hours to the CLE Commission that are
taken as remedial education.
4.
If Movant fails to comply with any of the terms of discipline as set forth
herein, including failure to attend EPEP, the public reprimand may
become a sixty-one (61) day suspension from the practice of law, upon
application of the OBC to this Court.
In accordance with SCR 3 .450, Movant is directed to pay all costs in the
amount of $29 .79 for which execution may issue from this Court upon
finality of this order.
All sitting. All concur.
ENTERED : May 21, 2009 .
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