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Sunday, June 05, 2011

Eric Deters' Lawyer, Larry Forgy, Filed A Second Lawsuit Against The Bar Association. Stay tuned.

Deters files another suit against Ky. bar
Written by Jim Hannah

FRANKFORT - Northern Kentucky lawyer Eric Deters has filed a second lawsuit in five months against the Kentucky Bar Association.

Deters' lawyer, Larry Forgy, said the new suit makes different legal claims than the initial suit. It questions whether the Kentucky Supreme Court, by a rule, can grant immunity to the bar association's in-house counsel, the disciplinary force of the bar. Forgy contends immunity can only be granted by an act of the state legislature.

Forgy said Deters filed the second suit because he wants the right to pursue legal action against the people at the bar association who are trying to discipline him, including the bar association's in-house counsel.

Forgy said the bar association made "two dozen major errors" in its attempts to discipline Deters.

In an e-mail statement to the Enquirer, the bar association said it will respond in federal court. That response had not yet been filed Thursday in federal court in Frankfort.

Deters withdrew his original suit against the bar association earlier this year after U.S. District Judge Danny Reeves refused to stop the bar association from moving ahead with disciplinary proceedings against Deters. A trial commissioner has recommended Deters be suspended for 181 days.

The trial commissioner had a conflict of interest and should have recused himself, the lawsuit claims. One of the bar association's ethics charges against Deters is that he charged an excessive $1,500 fee for filing a suit. But the lawsuit claims the trial commissioner's law partner took the case after Deters was no longer in it and took a $25,000 fee.

Forgy said there is a "cabal" out to get Deters in Northern Kentucky.

"I don't think Eric Deters' civil rights ought to be treated worse than the meanest fellow to walk in off the street ..." Forgy said.

He said there are too many bar complaints being filed against Deters for some kind of conspiracy not to exist.

"I think this man is being singled out and I do not agree with the fact that these charges, that contain absolutely no moral turpitude or any indication of disrespect to the court, should be punishable by the bar association," Forgy said.

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