Opinion
No. 2010-SC-000738-KB.
January 20, 2011.
ORDER OF TEMPORARY SUSPENSION
Pursuant to SCR 3.165, we have considered the Petition of the Inquiry Commission, the supporting documents, and the lack of a response from the Respondent, and conclude that probable cause exists to believe the Respondent has improperly dealt with funds held for others. See SCR 3.165(1)(a). Namely, this Court concludes that there is probable cause to believe that the Respondent, 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. Therefore, the request for an order of temporary suspension is granted.
IT IS THEREFORE ORDERED that the Respondent, Scott Truesdell, whose KBA number is 87216, and whose Bar Roster Address is 2901 Richmond Road, Suite 130-115, Lexington, KY 40509, be and he is hereby temporarily suspended from the practice of law in this Common-wealth until further order of this Court.
IT IS FURTHER ORDERED THAT:
1. Within twenty (20) days from the date of entry of this Order, Respondent shall notify all clients 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;
2. Upon the issuance of this Order, Respondent shall immediately, to the extent reasonably possible, cancel and cease any advertising activities in which he is engaged;
3. Disciplinary proceedings against Respondent shall be initiated by the Inquiry Commission pursuant to SCR 3.160, unless already begun or unless Respondent resigns under terms of disbarment.
All sitting. All concur.
ENTERED: January 20, 2011.