RICHARD ERPENBECK V. KENTUCKY BAR ASSOCIATION COURT
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CORRECTED: NOVEMBER 17, 2009
TO BE PUBLISF-IED
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RICHARD ERPENBECK
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Richard Erpenbeck, KBA Member No. 84104, last known bar roster
address 3051 Hergott Drive, Edgewood, Kentucky 41017, moves this Court to
suspend him from the practice of law for two years . The Kentucky Bar
Association (KBA) requests that Movant's motion be granted. Finding two years
suspension an appropriate sanction, we hereby grant Movant's motion .
Movant was admitted to practice law in the Commonwealth of Kentucky
on October 17, 1991 . Movant has been suspended from the practice of law for
nonpayment of bar dues since December 1, 2005 . On August 20, 2007, the
Inquiry Commission issued a Charge against Movant, consisting of four counts
of professional misconduct . Movant admits violating the Rules of Professional
Conduct as set out in the Second Amended Charge. The Charge alleges
misconduct arising from three separate incidents.
First, while employed by the Bank of Corbii-i to l)erforrn title searches on
certain properties, Movant failed to inform the bank that. other mortgages
existed on those properties. Movant's failure to disclose this information
resulted in the Bank of Corbin issuing loans on four of the properties
encumbered by pre-existing mortgages.
Second, Movant's brother transferred fifty percent of the stock he owned
in B 8& G Holdings, LLC to Bill Erpenbeck Children, LLC, a company that
Movant managed . Movant's brother made this transfer without any
consideration and while indebted to several lending institutions . Movant failed
to inform the Bankruptcy Court of his brother's transfer.
Thirdly, Movant prepared a deed transferring certain property to Anita
Andrews. Knowing that he failed to record that deed and without making sure
that the deed had been signed by Andrews, Movant then transferred that same
property to his mother and father, who then mortgaged the property .
In Count I of the Second Amended Charge, Movant was charged with
violating SCR 3 .130- 1 . 1, stating "A lawyer shall provide competent
representation to a client. Competent representation requires the legal
knowledge, skill, thoroughness and preparation reasonably necessary for the
representation ." Count 11 of the Second Amended Charge, charged Movant with
violation of SCR 3 .130-1 .3, which states, "A lawyer shall act with reasonable
diligence and promptness in representing a client." Movant admits that he
violated these two Rules of Professional Conduct when he failed to competently
and diligently represent the Bank of Corbin.
Count III charged that Movant violated the hart of SCR 3 .130-4 .4 1 that
provides, "A lawyer shall not knowingly use means that have no substantial
purpose other than to embarrass, delay or burden a third person ." Movant
admits that he violated SCR 3 .130-4 .4 by preparing faulty title opinions for the
Bank of Corbin, and by not verifying that Andrews had signed her deed, and by
transferring Andrews' property to his parents .
Finally, Count IV charged Movant with violating SCR 3 .130-3 .3(a)(2) .
That section provides, "Ja] lawyer shall not knowingly . . . Fail to disclose a
material fact to the tribunal when disclosure is necessary to avoid a fraud
being perpetrated on the tribunal ." Movant admits that by not notifying the
Bankruptcy Court of his brother's transfer of stock, he violated this Rule .
The KBA investigated Movant's situation and found insufficient evidence
of any criminal conduct or financial fraud by Movant, despite the presence of
such activities within Movant's family . Further, Movant has no prior history of
discipline . However, from the record and Movant's own admission, it is clear
Movant demonstrated serious incompetence and failed to practice reasonable
diligence. In light of these findings, the Movant's motion is hereby granted .
ACCORDINGLY, the Court ORDERS :
1.
Movant, Richard Erpenbeck, is adjudged guilty of violating SRC
3 .130-1 .1, SRC 3 .130-1 .3, SRC 3.130-4 .4, and SRC 3.130-3 .3(a)(2)
as charged in KBA File 11401 ;
I The charges were filed prior to the most recent amendments to SCR 3 .130
(effective July 15, 2009) and thus all citations here are to the former rules.
2.
Movant is hereby suspended from the pnictice of lciw for two yc~irs
from the date of this Opinion and Order ;
3.
Pursuant to SCR 3 .390, Movant shall notify all courts in which he
has matters pending of his suspension from the practice of law,
and notify all clients in writing of his inability to represent. them
and of the necessity and urgency of promptly retaining new
counsel. Such notification shall be by letter duly placed in the
United States mail within ten (10) days of the date of this order.
Movant shall simultaneously provide a copy of all such letters to
the Kentucky Bar Association . Furthermore, to the extent possible
and necessary, Movant shall immediately cancel and cease any
advertising activities in which he is engaged .
In accordance with SCR 3 .450, Movant is directed to pay all costs
associated with these disciplinary proceedings in the amount of
$526 .82, for which execution may issue from this Court upon
finality of this Opinion and Order ; and
5.
If Movant fails to comply with any of the terms of discipline as set
forth herein, upon motion of the Office of Bar Counsel, the Court
may impose other discipline in this matter.
All sitting. All concur .
ENTERED : August 27, 2009 .
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2009-SC-000354-KB
MOVANT
RICHARD ERPENBECK
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
ORDER OF CORRECTION
The Opinion and Order entered August 27, 2009, is hereby
corrected on its face by substitution of the attached pages l. through 4 in
lieu of the original pages 1 through 4 of the Opinion and Order . The
purpose of this Order of Correction is to correct a typographical error and
does not affect the holding of the original Opinion and Order.
ENTERED : November 17, 2009 .
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