Tearful Northern Kentucky Attorney Eric Deters Draws 61 Days Suspension For Ethics Violations.
Tearful Eric Deters suspended 61 days
Written by Jim Hannah
FRANKFORT - Lawyer and radio personality Eric Deters started Friday facing a 181-day suspension from the practice of law in Kentucky but walked away with only a 61-day ban.
Deters vowed to appeal the punishment handed down by the Kentucky Bar Association Board of Governors to the state Supreme Court, which has a final say on all disciplinary matters.
Until the high court acts, Deters can continue to practice law. Kentucky has a reciprocal agreement with Ohio, where Deters also practices, but he said he did not think the Buckeye State would impose any sanctions.
The board found Deters guilty of four ethical transgressions in three cases instead of the 19 ethical lapses in six cases a trial commissioner accused Deters of in February.
Deters had told the board during oral arguments that he didn't deserve the 181-day suspension trial commissioner Frank Doheny had recommended. Doheny said Deters had engaged "in a pattern of conduct that simply stated is 'sue first, ask questions later.'"
Deters, who is suing the bar association in federal court, said its disciplinary process was "incestuous" because, among other things, Doheny had a conflict of interest. Deters claims Doheny was biased because his law partner was hired by a former client of Deters who has filed an ethics complaint with the bar association.
"Ladies and gentleman of the board of governors, you need to acquit me," Deters told the board before they went behind closed doors to deliberate Deters' fate. "I have been through enough. If you don't acquit me, I don't deserve 181 days ... I do not deserve this."
With tears rolling down his face, Deters told the board of how his prior wife died of cancer and his stepson recently died in a car wreck.
"I'm a good lawyer. I beg ... don't suspend me," Deters said. "I have a lot of people depending on me."
Deters' attorney, former Republican gubernatorial candidate Larry Forgy, told the board he took the case at no charge because he wanted to stop an "injustice." Deters said it would have cost him $230,000 to $250,000 if he had to hire a lawyer to represent him.
Forgy said the 181-day suspension would have been a "death sentence" to Deters' legal career because his restoration of membership would not be automatic. Anyone suspended for more than 180 days has to go through the bar association's character and fitness committee before he or she can be readmitted. The committee can recommend a lawyer not be readmitted based on their overall behavior and the process can take months.
Forgy said he is convinced there is a "cabal" out to get Deters who would have ensured the committee would not reinstate him.
"The mistake (Deters) made was that he became a public figure up there," Forgy said. "He was on the radio all the time. Eric Deters has been too successful to suit certain people."
Bar Association Governor Bobby Rowe of Prestonsburg criticized Deters and Forgy for attacking the disciplinary system and not responding to the ethics charges in a reasonable and professional manner.
"Now, we may not be perfect, nor is the jury system in this country, but it is the best there is out there," Rowe said. "When you come in and accuse bar council of lying. When you come in and accuse the trial commission of being corrupt. When you come in and attack the system, it is offensive to me."
Rowe said he was particularly disturbed by an allegation made against Deters stemming from a legal dispute between divorced parents on who would represent Jacob Clise, a 14-year-old Grant County boy who was injured in a school bus crash in January 2007.
The trial commissioner found Deters broke solicitation rules by calling Clise's father while his son was in the hospital.
"The most despicable thing a lawyer can do is contact a grieving parent when their child is in the hospital," Rowe said, adding that is why lawyers' reputations are below that of used car salesmen.
Deters, who represented Clise's mother, denied the version of events outlined by the trial commission or that his behavior broke any ethical code.
David Kramer, one of two Northern Kentucky lawyers on the board, recused himself because he previously worked with Deters. The other Northern Kentucky lawyer, Steve Smith, said he felt like Forgy had attacked the board during the oral arguments but praised Deters for addressing the charges.
The board didn't release what the four ethical transactions were, but when reached after the suspension was announced, Deters said he was told two involved the Clise case.
Written by Jim Hannah
FRANKFORT - Lawyer and radio personality Eric Deters started Friday facing a 181-day suspension from the practice of law in Kentucky but walked away with only a 61-day ban.
Deters vowed to appeal the punishment handed down by the Kentucky Bar Association Board of Governors to the state Supreme Court, which has a final say on all disciplinary matters.
Until the high court acts, Deters can continue to practice law. Kentucky has a reciprocal agreement with Ohio, where Deters also practices, but he said he did not think the Buckeye State would impose any sanctions.
The board found Deters guilty of four ethical transgressions in three cases instead of the 19 ethical lapses in six cases a trial commissioner accused Deters of in February.
Deters had told the board during oral arguments that he didn't deserve the 181-day suspension trial commissioner Frank Doheny had recommended. Doheny said Deters had engaged "in a pattern of conduct that simply stated is 'sue first, ask questions later.'"
Deters, who is suing the bar association in federal court, said its disciplinary process was "incestuous" because, among other things, Doheny had a conflict of interest. Deters claims Doheny was biased because his law partner was hired by a former client of Deters who has filed an ethics complaint with the bar association.
"Ladies and gentleman of the board of governors, you need to acquit me," Deters told the board before they went behind closed doors to deliberate Deters' fate. "I have been through enough. If you don't acquit me, I don't deserve 181 days ... I do not deserve this."
With tears rolling down his face, Deters told the board of how his prior wife died of cancer and his stepson recently died in a car wreck.
"I'm a good lawyer. I beg ... don't suspend me," Deters said. "I have a lot of people depending on me."
Deters' attorney, former Republican gubernatorial candidate Larry Forgy, told the board he took the case at no charge because he wanted to stop an "injustice." Deters said it would have cost him $230,000 to $250,000 if he had to hire a lawyer to represent him.
Forgy said the 181-day suspension would have been a "death sentence" to Deters' legal career because his restoration of membership would not be automatic. Anyone suspended for more than 180 days has to go through the bar association's character and fitness committee before he or she can be readmitted. The committee can recommend a lawyer not be readmitted based on their overall behavior and the process can take months.
Forgy said he is convinced there is a "cabal" out to get Deters who would have ensured the committee would not reinstate him.
"The mistake (Deters) made was that he became a public figure up there," Forgy said. "He was on the radio all the time. Eric Deters has been too successful to suit certain people."
Bar Association Governor Bobby Rowe of Prestonsburg criticized Deters and Forgy for attacking the disciplinary system and not responding to the ethics charges in a reasonable and professional manner.
"Now, we may not be perfect, nor is the jury system in this country, but it is the best there is out there," Rowe said. "When you come in and accuse bar council of lying. When you come in and accuse the trial commission of being corrupt. When you come in and attack the system, it is offensive to me."
Rowe said he was particularly disturbed by an allegation made against Deters stemming from a legal dispute between divorced parents on who would represent Jacob Clise, a 14-year-old Grant County boy who was injured in a school bus crash in January 2007.
The trial commissioner found Deters broke solicitation rules by calling Clise's father while his son was in the hospital.
"The most despicable thing a lawyer can do is contact a grieving parent when their child is in the hospital," Rowe said, adding that is why lawyers' reputations are below that of used car salesmen.
Deters, who represented Clise's mother, denied the version of events outlined by the trial commission or that his behavior broke any ethical code.
David Kramer, one of two Northern Kentucky lawyers on the board, recused himself because he previously worked with Deters. The other Northern Kentucky lawyer, Steve Smith, said he felt like Forgy had attacked the board during the oral arguments but praised Deters for addressing the charges.
The board didn't release what the four ethical transactions were, but when reached after the suspension was announced, Deters said he was told two involved the Clise case.
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