Kentucky Bar Ass'n v. Geller, No. 2006-SC-0075-KB.

• Decision Date: 20 April 2006
• Docket Number: No. 2006-SC-0075-KB.
• Citation: 188 S.W.3d 431
• Parties: KENTUCKY BAR ASSOCIATION, Complainant v. Mark Blair GELLER, Respondent.
• Court: United States State Supreme Court — District of Kentucky

188 S.W.3d 431

KENTUCKY BAR ASSOCIATION, Complainant v. Mark Blair GELLER, Respondent.

No. 2006-SC-0075-KB.

Supreme Court of Kentucky.

April 20, 2006.

Bruce K. Davis, Executive Director, Greg Munson, Deputy Bar Counsel, Kentucky Bar Association, Frankfort, for Complainant.

Mark B. Geller, Louisville, for Respondent.

OPINION AND ORDER

Mark Blair Geller, KBA No. 85673, whose last bar roster address is 4212 Machupe Drive, Louisville, KY 40241, was suspended from the practice of law in Kentucky for two years in Kentucky Bar Association v. Geller, 141 S.W.3d 365 (Ky. 2004). This disciplinary action is brought by the KBA for further disciplinary action on other conduct resulting in five charges against Geller for violations of SCR 3.130-1.3, SCR 3.130-1.16(d), SCR 3.130-3.2, SCR 3.130-3.4(c), and SCR 3.130-8.1(b).

On October 20, 2000, pursuant to a client agreement, Geller filed a suit against the Sara Lee Corporation and Thomas D. Rollins. Although the clerk issued summons for the defendants, Geller never processed them for service. On December 5, 2001, the case was dismissed for failure to prosecute.

On November 14, 2002, another attorney filed a motion to be substituted as counsel. This new attorney filed a motion for Geller to produce all client records. On November 18, 2002, the motions were heard, but Geller failed to appear resulting in the Jefferson Circuit Court entering an Order dated December 3, 2002 substituting the new attorney and ordering Geller to produce all records within 48 hours. Geller failed to produce the documents.

On December 16, 2002, a motion for contempt of court was heard concerning Geller's failure to produce the documents at which Geller failed to appear. In an Order dated January 7, 2003, Geller was found in contempt of court and his arrest ordered. Thereafter, Geller produced some of the client materials to the new attorney and the arrest warrant was withdrawn in May.

On May 27, 2003, Geller failed to appear at a show cause hearing over a motion filed by the defendants. The defendants wanted a response to their subpoena duces tecum regarding documents evidencing that the original summons was processed. The court issued a show cause order for Geller to appear on August 4, 2003. Geller failed to appear at that hearing as well causing the court to enter another warrant for his arrest. On November 5, 2003, the underlying suit was dismissed for failure to file the claim within the applicable statute of limitations.

Earlier that year, the Inquiry Commission had begun investigating Geller's conduct in this matter. On January 18, 2003, the Inquiry Commission served a Complaint on Geller via certified mail. On October 9, 2003, after Geller failed to respond, a warning letter was served on Geller via certified mail. Geller failed to respond to this letter as well.

On February 26, 2004, the Inquiry Commission amended the Complaint to include more charges of rule violations. On April 21, 2004, a Jefferson County Sheriff served Geller with this amended Complaint. On June 14, 2004, the Sheriff served Geller again with a warning letter. Geller failed to respond to either amended complaint.

On June 10, 2004, Geller left a telephone message at the Office of the Bar Counsel stating his current address. On July 10, 2004, another copy of the amended complaint was served on Geller via certified mail. Geller failed to respond.

On July 20, 2005 the Inquiry Commission issued the Charge. On August 8, 2005 and on August 29, 2005, Geller was served the Charge and a warning letter, respectively, via certified mail. Geller, again, failed to respond with an answer to the...