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Chesley Ky Bar Assn

Chesley Ky Bar Assn

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Published by: kimballperry on Nov 28, 2012
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KENTUCKY BAR ASSOCIATION 
514
WEST
l\WN
STREET
OFFICERS BOARD
OF
GOVERNORS
Bruce
K.
D'l\'is
FRANKFORT,
KENTUCKY
40601-1812
Douglas
C.f3allllnlinc
l'n'!ddt'ui
(502) 564-3795 ..
Alliin
M.
Briltoll
Margarel
B.
Keane
Douglll~S
Fnrllslcy
FAX
(502)
564-3225
['1'('5111
enl -EIt'rI
Jonalhan Freed
Fred
E.
Fugllzzi,
Jr.
W.
Douglos Mycr8
Vir", I'I'{'sMelll
Jnmell
D.
Harris,
Jr.Richtlrd
W.
Hay
Cllllrh:s
E.
English,
Jr.
1'11sl]'n.'$!.lflll
Serietn
G.
Jaggers
David
V.
Kmmcr
YOUNG LAWYERS
Thomus
L.
RouseJohn
N.
Billings
Bobby Rowe
ChiliI'
R.
Michael
Sulli
vlln
EXECUTIVE DIRECTOR
Willialll
H.
Wilhoit
.lohn D.
Meyers
M.
Gail
Wilson
RECEIPT NOTICE
TO: R.
Kent
Westbeny,
Esq. 
James Galy.
Esq. 
Frank:
Benton,
IV,
Esq
..
Scott
c.
Cox,Esq. 
Michael
R.
Mazzoli,
Esq. 
Mark
L.
Miller,
Esq. 
Sheryl
G.
Snyder,
Esq. 
Linda Gosnell,
Esq. 
FROM: 
Disciplinary Clerk
DATE: 
June
30,
2011
RE: 
Kentucky Bar Association
v.
Stanley
M.
Chesley 
KBA
File
13785 
The
document listed below
was
received
aud filed
in
this
office today
in
the above-styled
case:
Vice
President
of
the
Kentucky
Bar Association
filed:
FINDINGS
OF
FACT, CONCLUSIONS
OF
LAW 
AND
RECOMMENDATIONS
OF
THE
BOARD
OF
GOVERNORS 
OF
THE
KENTUCKY
BAR
ASSOCIATION 
 
SUPREME
COURTOFKENTUCKY
/(fNTUC!(Y
BAR
ASSOCfA
TiON
OFFicE OF
T/{f
fJfSCIP(INAilr
ClERK
KBA
FILE
NO. 13785
JUN
30
2011
FILED
KENTUCKY BAR
ASSOCIATIONCOMPLAINANT
Vs.
STANLEY
M.
CHESLEYRESPONDENT
KBA
Member
No.
11810Bar Roster Address:
FOUlth
and Vine
Tower, Ste.
1513
Cincinnati, Ohio 45202
FINDINGS
OF
FACT, CONCLUSIONS
OF
LAW 
AND
RECOMMENDATIONS
OF
THE
BOARD
OF
GOVERNORS 
OF THE
KENTUCKY BAR ASSOCIATION I. IDENTIFICATION
OF
RESPONDENT
The Respondent, Stanley
M.
Chesley,
was
admitted
to
practice
in
the
Commonwealth of Kentucky
on
November 29,
1978.
His Bar Roster Address isFourth
and
Vine Towel', Suite
1513,
Cincinnati, Ohio
45202.
His Kentucky BarAssociation member number
is11810.
ll.
STATEMENT
OF
CHARGES
On
October
18,
2007, the Kentucky Bar Association Inquiry Commission("Inquiry Commission") charged Respondent
with
eight
(8)
counts of
profeSSional
misconduct.
On
May 26,2009,
the
Inquiry Commission granted a motion by
the
Kentucky Bar Association Office of Bar Counsel
to
amend
the charge
by
adding a
ninth
count.Count I alleging violation of Supreme
COUlt
Rule
C'SCR")
3.
130-1.5(a) forfailure
to
charge a
reasonab1e
fee.
1
 
Count II alleges the violation of SCR 3.130-1.5(c)
in
charging a contingency
fee
which
was
unreasonable and
by not
providing upon recovery
an
accurate wlittenstatement of the amount of
the
fee
and
the method
of
detelmining same.Count
ill
alleges violation of
SCR
3.130-1.5(e)
in
dividing fees with co-counsel
in
a manner neither
in
proportion
to
the
services pelfOlmed by each of them nor
by
wlitten agreement with the clients assuming joint responsibility for the representationof and with the consent of the clients.
FU11her,
the
c1~ents
were not advised of
the
participation
of
all
the lawyers and the total
fee
was unreasonable.
~
Count IV alleges violation of
SCR
3.130~1.7
for representing clients who, in
many
cases, were adverse
to
one another without obtaining the consent of the clientsafter consultation.Count V
a11eges
violation of SCR 3.130-1.8(g) for participating
in an
aggregatesettlement
of
the
claims without the consent of each client given after dueconsultation.Count VI alleges violation
of
SCR
3.
130·3.3(a) for knowingly making falsestatements
of
matelial fact andlor
Jawto
a tribunal and failing
to
disclose material
facts
to
the tdbunal when disclosure
is
necessary
to
avoid a fraud being perpetuated
lIpon
that tribunal.Count VII alleges violation of SCR 3.l30-8.1(a) for making false statements ofmaterial facts
in
response
to
questions posed
in
the course
of
the investigation of adisciplinary matter.Count Vill alleges violation of
SCR
3.
130-8.3(c) for engaging
in
conductinvolving dishonesty, fraud, deceit or misrepresentation.
2

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