INQUIRY COMMISSION V. SCOTT TRUESDELL
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DATE
MOVANT
INQUIRY COMMISSION
IN SUPREME COURT
SCOTT TRUESDELL
KBA NO . 87216
RESPONDENT
ORDER OF PERMANENT DISBARMENT
On January 20, 2011, this Court entered an Order of Temporary
Suspension from the practice of law in this Commonwealth until further order
of this Court against Scott Truesdell . Said suspension was ordered after
considering a petition of the Inquiry Commission, together with supporting
documents, and a lack of a response from Scott Truesdell. After considering
the above, this Court concluded probable cause existed to believe Scott
Truesdell, as the closing attorney for a mortgage refinancing, failed to pay
$185,443.97 to Bank of America after First Federal Bank wired that amount to
him for the purpose of satisfying Bank of America's existing mortgage .
While this Court was considering the Inquiry Commission's petition for
temporary suspension, Scott Truesdell filed a pro sel motion to withdraw his
membership in the Kentucky Bar Association, pursuant to SCR 3 .480(3), which
applies to members under investigation, complaint, or charges of professional
misconduct . In said motion, Scott Truesdell recognized that he had violated
the Rules of Professional Conduct, that he was seeking to permanently
withdraw from the Kentucky Bar Association under SCR 3 .480(3), that he
would not seek reinstatement, that SCR 3 .510 and SCR 3.520 (terms as to
applications for future reinstatement) would not apply to him, and that he
would not practice law in the Commonwealth subsequent to the permanent
disbarment order .
The Kentucky Bar Association filed a response stating that it had no
objection to Scott Truesdell's withdrawal of his membership under terms of
permanent disbarment. Said response also notifies this Court that other than
the complaint before us, there are no other pending disciplinary actions. The
Association does note that Scott Truesdell's motion does not contain the
specifics of his violation of the Rules of Professional Conduct. In light of the
Order of Temporary Suspension entered previously, with a recitation of facts
and finding of probable cause, this Court will accept those facts as
incorporated by reference in Scott Truesdell's motion to withdraw, which states
it is pursuant to SCR 3 .480(3), which applies when a member has engaged in
Because the written request was pro se, the requirement of a verified motion has
been substantially complied with, even though the motion itself does not contain a
separate "verification" clause.
unethical or unprofessional conduct . The Kentucky Bar Association also
requests an order excusing the Chase Bank from compliance with a subpoena
duces tecum issued December 10, 2010, if said permanent disbarment is
_
granted.
Having considered Scott Truesdell's request to withdraw from the
Kentucky Bar Association under terms of permanent disbarment, the Kentucky
Bar Association's response thereto,, and otherwise being advised, we hereby
Grant said request . Accordingly,
IT IS HEREBY ORDERED THAT:
1 . Scott Truesdell, whose KBA number is 87216, and whose Bar Roster
Address is 2901 Richmond Road, Suite 130-115, Lexington, KY 40509,
be and is hereby permanently disbarred from the practice of law in this
Commonwealth ;
2 . Within twenty (20) days from the date of entry of this order of
disbarment, Scott Truesdell shall notify all clients, if any, in writing of
his inability to continue to represent them, and shall furnish copies of
the letters of notice to the Director of the Kentucky Bar Association;
3 . Upon the issuance of this order of disbarment, Scott Truesdell shall
immediately, to the extent reasonably possible, cancel and cease any
advertising activities in which the attorney is engaged ;
4 . All disciplinary investigations and pending disciplinary proceedings
against Scott Truesdell shall be terminated with this order of permanent
disbarment, and J .P. Morgan Chase Bank, N .A., is relieved of its
obligations under the subpoena duces tecum issued on December 10,
2010 ; and
5 . Scott Truesdell shall pay all costs of this disciplinary investigation and
proceedings in accordance with SCR 3 .450 .
All sitting . All concur .
ENTERED : March 24, 2011 .
CHIEF JUSTICE
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