IN RE: THOMAS EDWARD KEATING V (2026)

OPINION AND ORDER

This case is before the Court upon the recommendation of the Character and Fitness Committee to restore Thomas Edward Keating V to membership in the Kentucky Bar Association and to restore his license to practice law pursuant to SCR 3.504 and SCR 3.502. His KBA number is 86532. KBA Bar Counsel does not oppose restoration, and submitted Joint Findings of Fact, Conclusions of Law, and Recommendation to the Committee with Keating. A formal hearing was held before the Committee. Following that hearing, the Committee unanimously agreed and adopted the Joint Proposal.

Keating was admitted to the practice of law in the Commonwealth of Kentucky on October 18, 1996. He was administratively suspended from the practice of law on January 23, 2013, for failure to pay his 2012-2013 bar dues. Later that year, this Court suspended Keating from the practice of law for eighteen months, effective if and when he was restored to the practice of law from his administrative suspension, and ordered that the disciplinary suspension run consecutively to the administrative suspension. Ky. Bar Ass'n v. Keating, 405 S.W.3d 462, 464-465 (Ky. 2013). The underlying disciplinary matter involved Keating's representation of a former client in a personal injury matter and his failure to respond to the ensuing disciplinary proceedings. Id.

This matter therefore comes to the Court in an unusual posture. The application now before us is an application for restoration from administrative suspension, not an application for reinstatement following completion of a disciplinary suspension. Restoration does not immediately authorize Keating to resume the active practice of law. Rather, consistent with our 2013 Opinion and Order, restoration of his license triggers the eighteen-month disciplinary suspension previously imposed by this Court.

The Committee's adopted Findings of Fact reflect that Keating has not practiced law or held himself out as authorized to practice law since his 2013 suspension. Since that time, he has worked outside the practice of law, including employment with FedEx and Delta Global/Unifi in positions that required recordkeeping, attention to detail, work in professional settings, and supervisory responsibility. The Committee also considered affidavit testimony in support of Keating's character and fitness.

The Committee further found that Keating has maintained sobriety since April 2017, successfully completed a three-year KYLAP Agreement from 2018 to 2021, and agreed to a new KYLAP assessment if this Court grants restoration. Keating acknowledged the wrongfulness of the prior professional misconduct that led to the 2013 disciplinary suspension, expressed contrition, and presented evidence of rehabilitation. The Committee found by clear and convincing evidence that Keating complied with the terms of his administrative suspension; that his conduct while under suspension demonstrates he is worthy of the trust and confidence of the public; that he possesses sufficient professional capabilities to serve as a lawyer; that he presently exhibits good moral character; and that he appreciates the wrongfulness of his prior misconduct, has manifested contrition, and has rehabilitated himself from past derelictions.

Given the lack of opposition by KBA Bar Counsel, the Committee's unanimous findings, and the limited restoration posture of this matter, we approve Keating's application for restoration. Upon entry of this Opinion and Order, the eighteen-month suspension imposed in Keating, 405 S.W.3d at 464-65, shall begin to run according to the terms of that Opinion and Order.

Accordingly, it is hereby ORDERED that the application for restoration to the practice of law by Thomas Edward Keating V is approved subject to the following conditions:

1. Keating's license is restored from his administrative suspension, and the eighteen-month disciplinary suspension imposed by this Court in Keating, 405 S.W.3d at 464-65, shall begin to run upon entry of this Opinion and Order.

2. Keating shall be assessed by KYLAP to determine whether any further KYLAP Agreement is needed and shall participate in and complete any KYLAP program deemed appropriate by KYLAP.

3. Keating shall pay the costs of these proceedings as certified by the Kentucky Office of Bar Admissions and/or the Kentucky Bar Association, in the amount of $368.58, for which execution may issue from this Court upon finality of this Opinion and Order.

4. Keating shall satisfy any outstanding Bar dues payments or Continuing Legal Education (CLE) requirements necessary to restoration.

All sitting. Lambert, C.J.; Bisig, Conley, Goodwine, Nickell, and Keller, JJ., concur. Thompson, J., dissents.