Barry Nathaniel Sullivan Attorney Discipline Suspension 181 Days Probated

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April 23, 2026 Get Citation Alerts Download PDF Add Note

In Re: Barry Nathaniel Sullivan

Kentucky Supreme Court

• Citations: None known
• Docket Number: 2024-SC-0196
• Precedential Status: Non-Precedential

• Disposition: OPINION AND ORDER IMPOSING PROBATED SANCTION SUSPENDING FROM PRACTICE OF LAW FOR 181-DAYS

• Opinion

• Authorities (0)

• Cited By (0)

• Summaries (0)

• Similar Cases (13)

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Disposition

OPINION AND ORDER IMPOSING PROBATED SANCTION SUSPENDING FROM PRACTICE OF LAW FOR 181-DAYS

Combined Opinion

TO BE PUBLISHED

Supreme Court of Kentucky
2024-SC-0196-KB

IN RE: BARRY NATHANIEL SULLIVAN

IN SUPREME COURT

OPINION AND ORDER

On August 22, 2024, this Court issued an Opinion and Order

suspending Barry Nathaniel Sullivan from the practice of law for 181 days,

probated for 3 years, subject to conditions. In re Sullivan, 701 S.W.3d 123,

128-29 (Ky. 2024). After Sullivan failed to make required restitution

payments—an explicit condition of his probated suspension—this Court

entered an Order directing Sullivan to show cause, if any, why his probation

should not be revoked. Sullivan did not respond. Therefore, we hereby impose

the probated sanction. 1

BACKGROUND

The disciplinary sanction underlying this Opinion addressed Sullivan’s

ethical violations related to services provided to the Estate of Ruthan Fields,

whose will was invalidated after her death due to signature issues. Ruthan

died intestate, leaving her son, Christopher Fields, as her only heir at law. But

1 We note preliminarily that Sullivan, KBA Member Number 91634, was

admitted to the practice of law on July 30, 2006. His bar roster address is 1612
Reidinger Ridge, New Albany, Indiana 47150.
prior to her death, Ruthan transferred significant financial assets to Shayana,

Christopher’s only child. During his representation, Sullivan met with

Christopher, Shayana, and Jonathan Davis, Ruthan’s former financial advisor,

who had been named administrator by Ruthan’s invalidated will. Christopher

and Shayana signed affidavits requesting that Davis be appointed

administrator of the Estate and that the testamentary wishes Ruthan

expressed prior to her death be carried out.

Sullivan lacked experience in handling estates and incorrectly

inventoried assets that passed outside of the estate, which vastly increased the

estate’s value. Sullivan also miscalculated the percentage of the estate’s value

that could be paid to the representative and demanded a $32,000 retainer from

Shayana to assist Davis in handling an estate with an approximate value of

only $70,000. In addition, there was no written fee agreement documenting

the basis for Sullivan’s fees.

Sullivan paid Jonathan Davis over $12,000 in fees, with no basis or

reason for the payments. As noted, the minimal value of the estate subject to

administration would have entitled Davis to a nominal fee, absent court

approval of extraordinary services. Ultimately, after the relationship between

Christopher and Shayana deteriorated, the probate court replaced Davis and

Sullivan with the Public Administrator.

After several unsuccessful attempts to contact Sullivan regarding

whether she was entitled to a partial refund of the $32,000 retainer, Shayana

hired an attorney. The Inquiry Commission issued a six-count Charge against

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Sullivan for the violation of several professional rules. To resolve the

disciplinary proceedings against him, Sullivan proposed a sanction to which

the KBA did not object and which this Court ultimately deemed sufficient. In

an August 22, 2024 Order, this Court subjected Sullivan to a 181-day

suspension, probated for 3 years, with conditions. In accordance with the

disciplinary order, Sullivan paid the costs of the disciplinary action, and

completed the Commonwealth’s Ethics and Professional Enhancement Program

and the Trust Account Management Program. Pertinent to the matter before

us, this Court also required Sullivan to comply with the following condition:

Sullivan shall pay restitution in the amount of $31,500.00 to
Shayana Fields. He is directed to pay a minimum of $1,000.00
towards this sum every ninety days beginning ninety days from the
entry of this Order. Sullivan shall provide contemporaneous proof,
in the form of copies of the payment instrument, to the Office of Bar
Counsel. The restitution sum must be paid in full within one year
of the date of entry of this Opinion and Order.

Sullivan, 701 S.W.3d at 129 (emphasis added). As of July 17, 2025, when the

KBA filed the motion to show cause, Sullivan had only paid Shayana $250 in

restitution.

Sullivan was ordered to pay a minimum of $1,000 every ninety days

beginning ninety days from the entry of the Order. Further, Sullivan was

directed to pay the full restitution amount within one year of entry of the

Order. Sullivan mailed his first restitution payment of $1,000 on November 19,

2024, though Shayana misplaced the check and it was thus never cashed. On

March 14, 2025, attorney Nathan Billings contacted Deputy Bar Counsel on

behalf of Shayana because Billings contacted Sullivan in December 2024 to

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inquire about the November restitution payment on Shayana’s behalf.

According to Billings, Shayana agreed to assign some of the restitution

payments to Billings to pay legal fees she owed him. Billings contacted

Sullivan multiple times in December 2024 and January 2025 to resolve the

matter.

On March 28, 2025, Sullivan emailed the Office of Bar Counsel to inform

them that he was terminated from his employment and therefore unable to

make a full restitution payment on time. He mailed Billings a $250 check

toward the restitution owed to Shayana and planned to make bi-weekly

payments. As of July 17, 2025, when the KBA filed its motion to show cause,

Shayana had only received $250 of the $31,500 required to be paid by

Sullivan. On August 18, 2025, this Court entered an order directing Sullivan

to show cause, if any, why the suspension should not be imposed. Sullivan

has not responded.

When Sullivan filed his motion for negotiated sanction to resolve the

pending disciplinary matters, he proposed paying $16,359.47 in restitution to

Shayana. His proposal required payment of a minimum of $1,000 every ninety

days, with the full balance to be paid by the expiration of the three-year

probationary period. Instead, this Court required $31,500 be paid in

restitution upon reasoning that, while Sullivan performed some work in the

estate matter, his time was not appropriately spent and the services performed

did not function for the benefit of his client. Therefore, Sullivan was only

entitled to retain $500 of the $32,000 retainer.

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Sullivan proposed and agreed to make a minimum payment of $1,000 to

Shayana every ninety days—a condition he failed to satisfy—thereby expressly

violating this Court’s August 2024 Order. As such, we hereby impose the 181-

day suspension.

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. Barry Nathaniel Sullivan, KBA Member Number 91634, is hereby

suspended from the practice of law for 181 days upon entry of this

Order.

1. Sullivan shall receive no new disciplinary charges issued by the

Inquiry Commission.

1. Sullivan shall pay restitution in the amount of $31,250 to Shayana

Fields. He is directed to pay a minimum of $1,000 towards this

sum every ninety days, beginning ninety days from the entry of

this Order. Sullivan shall provide contemporaneous proof, in the

form of copies of the payment instruments, to the Office of Bar

Counsel. The restitution sum must be paid in full within one year

of the date of entry of this Opinion and Order.

1. Sullivan shall pay the costs associated with proceeding in the

amount of $180.56.

1. Pursuant to SCR 3.390, Sullivan:

a. Shall notify all clients in writing of his inability to continue

to represent them and shall furnish copies of all such letters

to the Director of the Kentucky Bar Association. These

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notices shall be mailed or emailed to the respective clients

within ten (10) days of the entry of this Order, if not already

mailed. Sullivan shall make arrangements to return all

active files to the client or new counsel, and shall return all

unearned attorney fees and client property to the client and

shall advise the Director of such arrangements within the

ten (10) day period;

b. Shall not, during the term of suspension and until

reinstatement, accept new clients or collect unearned fees;

c. Shall immediately cancel any pending advertisements; must

terminate any advertising activity for the duration of the

term of suspension; and must not allow his name to be used

by a law firm in any manner until he is reinstated.

All sitting. All concur.

ENTERED: April 23, 2026

---

CHIEF JUSTICE

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