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Inquiry Commission v. Hawkins11/18/2004
his part, Respondent denies that he is addicted to intoxicants or drugs and states his willingness to submit to a physical or mental examination by a Court appointed physician. Respondent avers that on July 22, 2004, he admitted himself to a six-week treatment program for alcohol abuse at Baptist Hospital East (BHE), and that he has successfully completed this program. According to Respondent, he also continues to participate in a post-treatment program at BHE, attends over six meetings of Alcoholics Anonymous (AA) per week, works with an AA sponsor weekly, and has abstained and continues to abstain from all intoxicants.
Accordingly, upon an examination of the Inquiry Commission's petition, the supporting documents attached to said petition, and the response, this Court finds probable cause, as set forth in SCR 3.165(1)(a), to believe that Respondent has misappropriated client funds to his own use or has otherwise improperly dealt with such funds. This Court also finds probable cause, under SCR 3.165(1)(b), to believe that Respondent's prior misappropriations pose "a substantial threat of harm to his clients or to the public." Because of Respondent's rehabilitation efforts, however, this Court makes no finding with regard to the charge that he lacks the mental fitness to continue to practice law due to a drug or alcohol addiction.
It is hereby ordered that:
1. Respondent, Nicholas G. Hawkins, is temporarily suspended from the practice of law in the Commonwealth of Kentucky effective the date of this order and until superseded by subsequent order of this Court.
2. The Inquiry Commission shall commence disciplinary proceedings against Respondent pursuant to SCR 3.160, unless already begun or unless Respondent resigns under terms of disbarrment.
3. Pursuant to SCR 3.165(5), Respondent shall, within twenty days from the date of the entry of this order, notify all clients in writing of his inability to continue to represent them and shall furnish copies of such notification letters to the Director of the Kentucky Bar Association.
4. Pursuant to SCR 3.165(6), Respondent shall immediately, to the extent reasonably possible, cancel and cease any advertising activities in which he is engaged.
All concur.
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