On Thursday, August 22, 2024, the Supreme Court of Kentucky suspended attorney Barry Nathaniel Sullivan for 181 days, with the suspension probated for three years on certain conditions, for violations of multiple rules of professional responsibility in his handling of an estate case.
The case is entitled “Barry Nathaniel Sullivan,” with case no. 2024-SC-0196-KB.
The case involved Sullivan’s representation of Shayana Fields, who hired him in 2018 to help her grandmother Ruthan Fields’ financial advisor Jonathan Davis administer Ruthan’s estate after Ruthan passed away intestate. Due to errors, Ruthan’s will was invalidated and she had no written will. Sullivan advised Fields to sign affidavits requesting Davis be appointed estate administrator and Ruthan’s previous wishes regarding her assets be followed. However, Sullivan mishandled several aspects of the case. He overestimated the value of the estate and miscalculated the percentage of fees he and Davis were entitled to receive under Kentucky law. As a result, Sullivan required a non-refundable $32,000 retainer from Fields to assist Davis, even though the value of the estate’s probated assets was about $70,000.
Davis failed to properly administer the estate and file the required documents. Sullivan paid Davis $12,140.53 in fees despite Davis doing little work. A dispute arose between Fields and her relatives over the estate’s distribution, and Davis and Sullivan were removed as representatives in 2019. Fields attempted to get accountability and a refund from Sullivan to no avail. This led to a bar complaint against Sullivan in 2020.
The Kentucky Bar Association charged Sullivan with violating multiple rules related to unreasonable fees, refunding unearned fees, following court orders, dishonest statements, and more. Sullivan acknowledged several rule violations.
The Court agreed to the negotiated sanction, suspending Sullivan for 181 days but probating the suspension for three years with conditions. These include Sullivan receiving no further disciplinary issues, committing no crimes, paying bar dues, and reimbursement.
The Disposition states:
“ACCORDINGLY, IT IS HEREBY ORDERED THAT: 1. Barry Nathaniel Sullivan, KBA Member Number 91634 is hereby suspended for 181 days, probated for three years, for his violation of SCR 3.130(1.5)(a), 3.130(1.16)(d), SCR 3.130(3.4)(c) and 3.130(8.1)(a), and SCR 3.130(8.4)(c) in KBA file 20 -DIS-0251. Count II, alleging violation of SCR 3.130(1.15)(e), is dismissed.”
According to avvo.com, Mr. Sullivan acquired his law license in Kentucky in 2006.
A copy of the original filing can be found here.
