The opinion
TO BE PUBLISHED
°Sum= C,*ourf of TArtifuritv
2016-SC-000109-KB
MICHAEL A. VALENTI MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
(
OPINION AND ORDER
Michael A. Valentil commingled personal funds with client funds in his
firm's IOLTA escrow account. Valenti self-reported this professional-ethics
violation to the Kentucky Bar Association, and the parties have reached an
agreed resolution.
Over a two-and-one-half-year period, Valenti misused client funds via six
separate disbursements, ranging in amounts from $1,544.40 to $10,440.00.
In addition, Valenti authorized checks representing his own personal funds
totaling $182,585.81 to be deposited into the IOLTA escrow account of his firm,
Valenti Hanley 86 Robinson, PLLC. This IOLTA escrow account also contained
client funds. Of these deposited funds, $173,678.00 were obtained through
Valenti's firm's profit-sharing plan. Valenti used the funds to pay personal
expenses. Of note, before Valenti self-reported, all client funds were restored.
1 KBA Member No. 81989, bar roster address, One Riverfront Plaza, Suite 1950,
401 W. Main Street, Louisville, Kentucky 40202. Valenti was admitted to the practice
of law on April 24, 1987.
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Valenti admits his conduct violated Kentucky Supreme Court Rule (SCR)
3.130-1.5(a), which provides:
"A lawyer shall hold property of clients or third persons that is in a
lawyer's possession in a separate account maintained in the state
where the lawyer's office is situated, or elsewhere with the consent
of the client, third person, or both in the event of a claim by each
to the property. The separate account referred to in the preceding
sentence shall be maintained in a bank which has agreed to notify
the Kentucky Bar Association in the event that any overdraft
occurs in the account. Other property shall be identified and
safeguarded."
Under SCR 3.480(2), Valenti and the KBA agreed to the imposition of
discipline and now ask this Court to impose upon him a suspension from the
practice of law for thirty days, to be probated for a one-year period. The terms
of the probation require Valenti to attend, at his own expense, the next
scheduled Ethics and Professionalism Enhancement Program (EPEP) offered by
the Office of Bar Counsel (OBC) within twelve months following the entry of this
Opinion and Order. Valenti will not be allowed to apply for CLE credit of any
kind for this program and must furnish a release and waiver to the OBC to
allow the OBC to verify he has not reported any such hours to the CLE
Commission. In addition, Valenti must satisfy all CLE requirements and timely
pay his KBA membership dues. And Valenti will pay the costs of these
proceedings.
In the event Valenti fails to comply with any of the terms of discipline
stated here, upon motion of the OBC, this Court may impose the entire thirty-
day suspension.
After reviewing the record, the standards, and other relevant authorities,
this Court concludes that the discipline proposed by Valenti is adequate.
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Thus, the Court ORDERS:
1) Michael A. Valenti, KBA Member No. 81981, is guilty of the charge
alleged in KBA File No. 23365;
2) Valenti will be suspended from the practice of law for a period of thirty
days for violating SCR 3.130-1.15(a);
3) The entirety of Valenti's suspension will be probated for one year,
subject to the conditions set forth here;
4) If Valenti fails to comply with any of the terms of discipline as set
forth here, upon the OBC's motion, the Court will impose the thirty-
day suspension;
5) In accordance with SCR 3.370, Valenti is directed to pay $57.10, the
cost associated with this proceeding, for which execution may issue
from this Court upon finality of this Opinion and Order.
All sitting. All concur.
ENTERED: May 5, 2016.
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