KENTUCKY BAR ASSOCIATION V. CHARLES H. ZIMMERMAN
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TO BE PUBLISHED
KENTUCKY BAR ASSOCIATION
V.
IN SUPREME COURT
CHARLES H. ZIMMERMAN
RESPONDENT
OPINION AND ORDER OF PERMANENT DISBARMENT
On August 16, 2000, the Kentucky Bar Association filed with this Court its
Conclusions of Law and Recommendations of the Board of Governors in KBA File Nos.
7426, 7518, and 7721. These files represented three consolidated charges against
Charles H. Zimmerman of Louisville, Kentucky. The Board found Zimmerman guilty of
all charges contained in the files and recommended that Zimmerman be disbarred.
Zimmerman filed a notice of review, in which he argued that the Board’s
recommendation of disbarment was ambiguous. We denied the notice of review and
remanded the case to the KBA for reconsideration. Kentuckv Bar Association v.
Zimmerman, Ky., 2000-SC-0725KB
(Order entered November 22, 2000). In so doing,
we specifically stated that Zimmerman “shall be entitled to present evidence in
mitigation of punishment.” Id.
On remand, the Board considered the remanded charges along with three
additional, unrelated charges (KBA File Nos. 7887, 8024, and 8305) that had been
brought against Zimmerman in the interim. Zimmerman did not present any mitigating
evidence or respond to the additional charges against him. The Board found
Zimmerman guilty of all counts contained in all six charges and recommends that
Zimmerman be permanently disbarred. No notice of review has been filed in this case.
We adopt the recommendations of the Board. The Board’s relevant findings and
conclusions as to each charge are set forth below.
FILE NO. 7426
The Brownsboro Road Area Development Association (BRAD) retained
Zimmerman in connection with a possible zoning dispute. BRAD paid Zimmerman a
retainer of $1,500 in January of 1997. No action in the case had occurred by May of
the same year. BRAD decided at that time it did not wish to pursue the matter. After
informing Zimmerman of this decision, BRAD asked Zimmerman to return $1,000 of the
retainer.
Zimmerman never responded to BRAD’s request for return of part of the retainer.
BRAD eventually filed a bar complaint against Zimmerman, who failed to respond to the
complaint. Further, Zimmerman failed to respond to three additional warnings, one of
which was hand-delivered to Zimmerman by Bar Counsel. Another warning was
delivered by a Jefferson County Deputy Sheriff along with a subpoena requesting his
billing records.
Count I of this file charges Zimmerman with failing to promptly reply to an
information request and with failing to keep his client reasonably informed in violation of
SCR 3.130-I .4. Count II charges Zimmerman with failing to respond to an order of a
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tribunal in violation of SCR 3.130-3.4(c). The Board found Zimmerman guilty of both
counts by a vote of 12 to 0, with one member abstaining.
FILE NO. 7518
The Camp Taylor Fire Protection District retained Zimmerman to represent it in a
boundary dispute with another local fire district. At issue in the case was which district
was obligated to serve the disputed property and, consequently, which district would be
entitled to receive the tax revenue generated by the disputed properties. Zimmerman
was fined $300 for failing to comply with discovery requests and was subsequently
ordered to so comply. He neither paid the fine, nor complied with the discovery order.
As a result, Camp Taylor was prohibited from presenting any evidence at trial. Not
surprisingly, the trial court adopted the line of division proposed by opposing counsel,
and ordered the parties to negotiate a settlement concerning which district would levy a
tax on the properties. Zimmerman did not inform Camp Taylor that the trial court ruled
in the other fire district’s favor or why Camp Taylor was prohibited from introducing
evidence at trial.
Zimmerman appealed from the adverse judgment, but failed to file a pre-hearing
statement. The Court of Appeals ordered a show cause order, to which Zimmerman
failed to respond. Later, he filed a motion to withdraw as counsel. He did not inform
Camp Taylor of this action.
Once Zimmerman’s dilatory conduct came to light, Camp Taylor demanded
return of most of the retainer it had paid Zimmerman. In response, Zimmerman sent
Camp Taylor a check for $7,500, which was less than the amount demanded by Camp
Taylor. The check did not clear. Zimmerman did not further communicate with Camp
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Taylor, despite the fire district’s repeated requests for information and return of the
retainer.
Count I of this file charges Zimmerman with failing to act with reasonable
diligence and promptness in violation of SCR 3.130-I .3. Count II ch-arges him with
failure to keep his client informed about the status of the matter in violation of SCR
3.130-l .4(a). Count III charges Zimmerman with engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation in violation of SCR 3.130-8.3(c). The
Board found Zimmerman guilty of all three counts by a vote of 12 to 0, with one
member abstaining.
FILE NO. 7721
Zimmerman took a vehicle to the Louisville Frame & Fender Shop to be repaired.
The owner told Zimmerman that for repairs totaling over $2500, he only accepted
checks issued by insurance companies. Zimmerman lied to the owner and told him that
he had misplaced his insurance check. Zimmerman had in fact deposited the check
into a personal account the day before. Relying on this false information, the owner
accepted Zimmerman’s personal check. The check did not clear.
The owner hired an attorney who contacted Zimmerman in an effort to collect the
$2,500 he was owed for the repairs. Zimmerman responded by letter. He stated that
he would send the shop a certified check, but he also threatened to sue the shop and
inform Louisville-based consumer groups that the shop did shoddy work. No check was
ever sent, nor was suit ever filed.
Count I of this file charges Zimmerman with engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation in violation of SCR 3.130-8.3(c). Count
II charges Zimmerman with failure to respond to a complaint in violation of SCR 3.130-4-
8.1 (b). The Board found Zimmerman guilty of both counts by a vote of 12 to 0, with one
member abstaining.
FILE NO. 7887
Zimmerman represented four co-defendants in an action in U.S. District Court.
Zimmerman repeatedly failed to comply with discovery orders by the court and was
eventually fined $5,000 for his behavior.
Count I of this file charges Zimmerman with failure to make reasonable efforts to
expedite litigation in violation of SCR 3.130-3.2. Count II charges Zimmerman with
failure to make a reasonable effort to comply with legally proper discovery requests in
violation of SCR 3.130-3.4(d). Count III charges Zimmerman with failure to respond to
a lawful demand by a disciplinary authority in violation of SCR 3.130-8.1(a). The Board
found Zimmerman guilty of all three counts by a vote of 13 to 0.
FILE NO. 8024
Louis Holston retained Zimmerman to represent him in a lawsuit against the city
of Muldraugh, Kentucky. Zimmerman filed a complaint on Holston’s behalf. The
complaint was eventually dismissed for failure to prosecute, but Zimmerman repeatedly
told Holston that the case was progressing nicely. Holston learned from a third party
that the case had been dismissed about nine months after the dismissal occurred.
Count I of this file charges Zimmerman with lack of diligence in violation of SCR
3.130-I .3. Count II charges Zimmerman with failure to adequately communicate with
his client in violation of SCR 3.130-1.4(a). Count III charges Zimmerman with engaging
in conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of SCR
3.130-8.3(c). Count IV charges Zimmerman with failure to respond to a disciplinary
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matter in violation of SCR 3.130-8.1 (b). The Board found Zimmerman guilty of all four
counts by a vote of 13 to 0.
FILE NO. 8305
Charles Wood hired Zimmerman to represent him in a land dispute in Marion
County, Kentucky, in January 2000. Zimmerman was suspended from the practice of
law in February 2000, but he continued to represent Wood. In April 2000, Zimmerman
told Wood that he had hired a surveyor named Pence. This statement was false.
Wood asked Zimmerman to attempt to settle the matter in October 2000. Zimmerman
asked for an additional $500 and apparently did nothing more. Wood eventually
contacted opposing counsel and learned that no settlement offer had ever been made.
Wood also learned that, with trial date fast approaching, Zimmerman had filed a motion
to withdraw as counsel. Zimmerman did not inform Wood about the motion to
withdraw.
This file charges Zimmerman with failure to act with reasonable promptness in
the representation of his client in violation of SCR 3.130-I .3. Count II charges
Zimmerman with failure to reasonably inform his client in response to information
requests in violation of SCR 3.130-I .4(a). Count III charges Zimmerman with failure to
give adequate notice of withdrawal in violation of SCR 3.130-I .16(d). Count IV charges
Zimmerman with representing a client while being suspended in violation of SCR 3.1305.5(a). Count V charges Zimmerman with engaging in conduct involving dishonesty,
fraud, deceit, or misrepresentation in violation of SCR 3.130-8.3(c). Count VI charges
Zimmerman with failure to respond to a disciplinary matter in violation of SCR 3.1308.1 (b). The Board found Zimmerman guilty of all six counts by a vote of 13 to 0.
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As to punishment on the above charges, the Board voted 11 to 1 to recommend
that Zimmerman should be permanently disbarred from the practice of law, with one
member abstaining. One Board member voted to recommend that Zimmerman should
be suspended for five years.
Upon consideration of the record and recommendation of the Board of
Governors, this Court orders that Charles H. Zimmerman be and is hereby permanently
disbarred from the practice of law in Kentucky, and he shall not be permitted to apply
for reinstatement of his license to practice law. The period of disbarment shall begin on
the date of the entry of this order.
Pursuant to SCR 3.450, Zimmerman is required to pay all costs associated with
these disciplinary proceedings in the amount of $1,235.29, and for which execution may
issue from this Court upon finality of this Opinion and Order.
Pursuant to SCR 3.390, Zimmerman shall, within ten (10) days from the entry of
this Opinion and Order, notify in writing all courts in which he has matters pending and
all clients of his inability to provide further legal services and to furnish the
Director of the Kentucky Bar Association with a copy of all such letters, or to provide the
Director of the KBA with a certificate that he has no active clients.
All concur.
Entered: November 21, 2001.
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2001
-SC-0638-KB
KENTUCKY BAR ASSOCIATION
APPELLANT
IN SUPREME COURT
V.
CHARLES H. ZIMMERMAN
APPELLEE
ORDER DENYING PETITION FOR RECONSIDERATION
Appellant’s Petition for Reconsideration of the Opinion of Permanent Disbarment
issued by this Court on November 21, 2001, is denied.
All concur.
ENTERED: This the 21st day of March, 2002.
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