On Thursday, March 23, 2023, the Supreme Court of Kentucky ruled on Cincinnati Attorney F. Dennis Alerding’s motion asking the Court to enter an order resolving the pending disciplinary charges against him by imposing a public reprimand.

The case is styled ‘F. Dennis Alerding v. Kentucky Bar Association,’ under Case No. 2022-SC-0528-KB.

The charges cited Alerding’s violation of (1.15)(e) of the Supreme Court Rules 3.130 or the Kentucky Rules of Professional Conduct, which requires:

A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.

According to the court document, Larry S. Herald II hired Alerding in August 2019 to handle his legal representation concerning a murder indictment. Alerding received a payment of $9,800 out of a total fee of $10,000, although there was no written fee agreement between Alerding and Herald. Contrary to instructions, Alerding deposited the funds directly into his operating account without proper authorization. Additionally, Alerding failed to maintain contemporaneous time records as evidence of his work and the corresponding earnings. However, he was later able to reconstruct an account statement that demonstrated he had indeed earned the full fee amount.

Alerding admitted that he engaged in the conduct alleged in the Charge, and requested the Court to enter an order finding him guilty of violating the above-cited professional conduct rules. Alerding further requested a sanction in the form of a public reprimand.

The Kentucky Bar Association did not object to Alerding’s motion.

Based on the foregoing facts, and upon consideration of the relevant case law, the Court ruled in favor of Alerding’s motion and publicly reprimanded Alerding for his misconduct and directed him to pay costs amounting to $41.91 representing the costs of the proceeding.

Mr. F. Dennis Alerding attended the Louis D. Brandeis School of Law at the University of Louisville, graduating in 1994. According to his LinkedIn page, Alerding practices criminal defense law in the Greater Cincinnati area. He has been licensed to practice law in Kentucky.

A copy of the original filing can be found here.