On Thursday, October 20, 2022, the Supreme Court of Kentucky issued an Opinion and Order for disciplinary action on charges for attorney discipline against Kearney Attorney Brian J. Klopfenstein arising from the July 29, 2022 order of the Supreme Court of Missouri publicly reprimanding him for violations of Missouri Rules of Professional Conduct.

The case, titled Kentucky Bar Association vs. Brian J. Klopfenstein was brought by Kentucky Bar Association. Case #2022-SC-0335-KB.

The charges cited Kentucky Supreme Court Rules 3.130(1.1) (competence), (1.3) (diligence), and (1.4) (communication).

The filing states:

“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”

The filing continues:

“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.”

On August 12, 2022, the Kentucky Bar Association (KBA) moved the Court to enter an order directing Klopfenstein to show cause why he should not be subject to reciprocal discipline after being publicly reprimanded by the Supreme Court of Missouri. KBA also requested that Court enter an order imposing identical discipline.

Klopfenstein filed a response admitting no good cause existed.

Accordingly, because of Klopfenstein’s discipline in the Supreme Court of Missouri and that his actions are also governed by the Rules of Professional Conduct in Kentucky, in addition to Klopfstein’s failure to show cause why he should not receive reciprocal discipline, the Court granted KBA’s motion and adopted the recommended discipline of a public reprimand.

The dispositive portion of the Opinion and Order reads:

“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 thisCourt upon finality of this Opinion and Order.”

Mr. Klopfenstein attended the University of Missouri, graduating in 1986. His law firm, Law Office of Brian Klopfenstein services Kearney, Missouri. He has been licensed in Kentucky, license #86171, as well as Missouri. His info can be found on Martindale.

A copy of the original filing can be found here.