On Thursday, October 20, 2022, the Supreme Court of Kentucky ruled on Murray Attorney Williams C. Adams, III’s motion for approval of a negotiated sanction relating to charges for attorney discipline against him alleging misconduct. The ruling granted Adams’s motion.
The case, titled Williams C. Adams, III v. Kentucky Bar Association, was brought by Williams C Adams, III. Case #2022-SC-0392-KB.
The charges cited SCR 3.130(1.7)(a) and SCR 3.130 (8.4)(c) of the Kentucky Rules of Professional Conduct, which state:
A lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2)there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
The facts of the case as summarized goes:
Respondent represented a client for a variety of legal work for many years. Both client and Adams characterized the relationship as being friends in addition to the attorney-client roles. Respondent admitted that he had an intermittent sexual relationship with the client’s wife during the representation which began in late 2019 and was sporadic in 2019. The sexual relationship resumed when Respondent’s wife passed away on May 2020 due to health complications.
In early May 2020, the client had a severe medical issue and was taken to a hospital for treatment. Because of the emerging COVID-19 pandemic, the hospital was on lockdown and did not permit visits. The client’s wife sought legal assistance from Respondent to draft a Power of Attorney permitting her to have the ability to assist and oversee important fiscal responsibilities over the client’s business if the client remained unresponsive for a prolonged time. The document included language authorizing the client’s wife to draw and endorse checks; withdraw funds from any savings account, and sell or transfer real estate, among others.
The document was dated May 1, 2020, but Respondent admitted that it was actually drafted approximately on May 4, 2020. Respondent acknowledged that the client was not aware of it, nor did he sign the document. Moreover, Respondent acknowledged that one of the persons present at the signing of the Power of Attorney document forged the client’s signature. Respondent did not forge the signature but admitted knowledge of forgery.
On March 17, 2021, the Inquiry Commission filed a two (2) count Charge against Adams in disciplinary case 20-DIS-0144.
The filing states:
“After negotiations and approval by the Chair of the Inquiry Commission and the Kentucky Bar Association Immediate Past President, an agreement was reached regarding the above-cited Charge against Adams. As part of that agreement, Adams admitted to Count I for violating the provisions ofSCR3.130(1.7)(a) relating to conflict of interest, and to Count II for violating the provisions of SCR 3.130(8.4)(c) relating to attorney misconduct. The negotiated sanction for his violations is a one-year suspension, with one hundred days to serve and the remaining two hundred sixty-five days probated for two years with conditions.”
The Supreme Court of Kentucky, after reviewing the facts, the broad range of imposed penalties emerging from relevant case law, possible influencing factors, and Repondent’s lack of disciplinary history, concluded that the appropriate discipline is a one-year suspension, one hundred days to be served and the remaining two hundred sixty-five days probated for two years.
In its Opinion and Order, the Court decreed:
“1. William C. Adams, III, is hereby found guilty of violating SCR 3.130(1.7)(a) and 3.130 (8.4)(c), and is suspended from the practice of law for one year, one hundred days of which shall be served, and the balance, two hundred sixty-five days, shall thereafter be probated for two years, subject to the following conditions. Adams shall:
a. Have no more disciplinary charges filed against him;
b. Attend and complete the Ethics and Professionalism EnhancementProgram (EPEP), hosted by the KBA in 2023;
c. Timely pay his KBA membership dues;
d. Timely satisfy all continuing legal education requirements;
e. Pay all costs associated with the investigation and prosecution of this proceeding, pursuant to SCR 3.370, in the amount of $88.42; and
f. Notify all current clients and courts in which Adams may have any matters pending of this suspension, and deliver copies of those notifications to the Director of the KBA within 10 days of this Order.
2. If Adams violates any of the terms of probation stated herein receives a charge of professional misconduct within two years of the date hereof, the KBA may file a motion with the Court requesting the issuance of a show cause order directing Adams to show cause, if any, why the probated suspension should not be imposed.
3. At the expiration of the two-year probationary period, if Adams has fully complied with the terms of this Order, the suspension and all probation terms shall terminate.”
Mr. William C. Adams, III has been licensed in Kentucky and has practiced in Murray, Kentucky as the attorney and counselor at law of WM. C. (Chip) Adams, III. He earned his Juris Doctor from Northern Kentucky University, graduating in 1996.
A copy of the original filing can be found here.
