KENTUCKY BAR ASSOCIATION v. KLOPFENSTEIN (2022)

OPINION AND ORDER

On August 12, 2022, the Kentucky Bar Association (KBA) moved this Court to enter an order directing Brian J. Klopfenstein, whose KBA member number is 86171 and whose bar roster address is 215 Platte Clay Way, Suite B, Kearney, Missouri 64060-7650, to show cause why he should not be subject to reciprocal discipline after being publicly reprimanded by the Supreme Court of Missouri. The KBA also requested this Court enter an order imposing identical discipline were we to find such cause lacking.

On August 22, 2022, pursuant to SCR 3.435(2)(b), this Court granted the KBA's request and ordered Klopfenstein to show cause why he should not be subject to reciprocal discipline. Klopfenstein filed a response admitting no good cause existed. Accordingly, pursuant to SCR 3.435(4), this Court grants the KBA's motion and orders that Klopfenstein be publicly reprimanded in this Commonwealth consistent with the order of the Supreme Court of Missouri.

Klopfenstein was admitted to practice law in this Commonwealth on March 15, 1996. On July 29, 2022, the Supreme Court of Missouri publicly reprimanded Klopfenstein for violating Missouri Rules of Professional Conduct 4-1.1 (regarding the provision of competent representation by an attorney), 4-1.3 (diligence and promptness in representing a client), 4-1.4 (communication with client), and 4-8.4(d) (engaging in conduct prejudicial to the administration of justice). The violations arose from Klopfenstein's deficient representation of two clients. In addition to the public reprimand, the Supreme Court of Missouri ordered Klopfenstein to have no further violations of the Rules of Professional Conduct, complete an ethics program related to law practice management, participate in random audits of his trust account, and engage an acceptable mentor on the topics of law practice management and organization and follow any recommendations made by such mentor.

If an attorney licensed to practice law in this Commonwealth receives discipline in another jurisdiction, SCR 3.435(4) requires this Court to impose the identical discipline unless Respondent proves by substantial evidence:

(a) a lack of jurisdiction or fraud in the out-of-state disciplinary proceeding, or

(b) that misconduct established warrants substantially different discipline in this State.

This Court is required to recognize a final adjudication of misconduct in another jurisdiction establishes conclusively the same misconduct for purposes of a disciplinary proceeding in Kentucky. SCR 3.435(4)(c). Kentucky Supreme Court Rules 3.130(1.1) (competence), (1.3) (diligence), and (1.4) (communication) are equivalent to Missouri's Rules 4-1.1, 4-1.3, and 4-1.4, respectively. Kentucky does not have a rule equivalent to Missouri Rule 4-8.4(d).

Because Klopfenstein has been disciplined by the Supreme Court of Missouri, because his actions are also governed by the Rules of Professional Conduct in this Commonwealth, and because he has not shown cause why he should not receive reciprocal discipline, reciprocal discipline is warranted. Pursuant to SCR 3.435(4), this Court grants the KBA's motion and adopts the recommended discipline of a public reprimand.

Therefore, it is hereby ORDERED:

1. Pursuant to SCR 3.435(4), Brian J. Klopfenstein is publicly reprimanded for his violation of the Missouri Rules of Professional Conduct and the Kentucky Rules of Professional Conduct.

2. Pursuant to SCR 3.450, Klopfenstein is directed to pay the costs associated with this proceeding, if any, for which execution may issue from this Court upon finality of this Opinion and Order.

/s/ John D. Minton Jr.

 CHIEF JUSTICE

All sitting. All concur.