answer defense in Kentucky

1989“Basically, judicial review of administrative action is concerned with the question of arbitrariness.” Id. at 456. [T]he exercise of discretionary power by the Commissioner, though resting ultimately on opinion as distinguished from pure fact, represents a factual finding and is not to be disturbed unless it is arbitrary or unreasonable.

1971Other defenses raised by the answer were that a violation of Canon 27 does not constitute proper grounds for disciplinary action and that under the authority of Louisville Bar Association v. Hubbard, 282 Ky. 734 , 139 S.W.2d 773, 775 (1940), “an attorney may personally solicit business with impunity, where he does not take advantage of the ignorance, or weakness, or suffering or human frailties of the expected clients, and where no inducements are offered them.” The letter in question was as follows: “Law Office Harold D.

1971Other defenses raised by the answer were that a violation of Canon 27 does not constitute proper grounds for disciplinary action and that under the authority of Louisville Bar Association v. Hubbard, 282 Ky. 734 , 139 S.W.2d 773, 775 (1940), “an attorney may personally solicit business with impunity, where he does not take advantage of the ignorance, or weakness, or suffering or human frailties of the expected clients, and where no inducements are offered them.” The letter in question was as follows: “Law Office Harold D.