Background
Jay Michael Dade represented KentuckyOne as primary defense counsel in a wrongful-termination action. The court’s prior order described Dade’s failure to comply with discovery orders, resulting contempt findings, a missing-evidence instruction, and attorney-fee awards against KentuckyOne. Dade also failed to keep the client informed of the litigation problems, according to the allegations recounted by the court.
Dade did not respond to the bar complaint or the resulting disciplinary charge, despite service and communications from the Office of Bar Counsel. The Kentucky Supreme Court indefinitely suspended him in April 2025 for failing to answer the charge. He also remained administratively suspended for unpaid bar dues and CLE noncompliance.
The Court’s Holding
In this default disciplinary proceeding, the Supreme Court adopted the Kentucky Bar Association Board of Governors’ recommendation and found Dade guilty of violating duties of diligence, communication, candor, compliance with tribunal orders, honesty, and cooperation in discipline.
The court suspended Dade from Kentucky practice for 181 days and ordered him to pay $362.19 in disciplinary costs. Dade did not seek review of the Board’s decision, and the court declined to undertake discretionary review.
Key Takeaways
- An attorney’s failure to answer a disciplinary charge may result in a default determination under SCR 3.210.
- Discovery noncompliance and misleading a client about litigation developments can support multiple professional-conduct violations.
- The suspension is in addition to Dade’s existing indefinite and administrative suspensions.
Why It Matters
The decision underscores that counsel must actively manage court-ordered discovery and promptly inform clients of sanctions, contempt findings, and other material litigation developments. It also illustrates the serious consequences of abandoning a bar disciplinary matter after notice and service.