DAVID R. REEVES (KBA MEMBER NO. 57353) V. KENTUCKY BAR ASSOCIATION
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TO BXUBLISHED
2001 -SC-0822-KB
DAVID R. REEVES
KBA MEMBER NO. 57353
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, David R. Reeves, of Grayson, Kentucky, desires to terminate Kentucky
Bar Association (“KBA”)
proceedings against him by consenting to a suspension from
the practice of law for a period of ninety (90) days to serve, and an additional ninety
(90) days probated for one (1) year with conditions. The KBA does not object to this
motion and requests that the motion be granted. Movant was previously suspended
from the practice of law by Order of this Court on April 20, 2000, KBA v. Reeves, Ky.,
15 S.W.3d 371 (2000), and has not been reinstated. After careful review of the charges
and the record, we hereby grant the motion.
The proceedings against Movant arose out of two separate incidents, the
charges for which were consolidated for purposes of discipline. KBA charge number
7465 charged Movant with a violation of SCR 3.130-I .15(a) for failing to hold the
property of a client separate from his own. KBA charge number 7940 charged Movant
with a violation of SCR 3.130-I .3 for failing to act with reasonable diligence and
promptness in his representation of a client. In his motion for suspension, Movant
admitted to the following facts:
Charge Number 7465.
In November of 1998, Movant represented John L. Boggs in a bankruptcy action.
On November 15, 1998, he issued a check, drawn on his escrow account, to the Clerk
of the United States Bankruptcy Court to cover $175.00 in filing fees on behalf of Mr.
Boggs. However, the check was returned because of insufficient funds. Mr. Boggs had
paid Movant $175.00 to cover the filing fees, as well as $500.00 in attorney fees. Said
payments were made in cash and were either placed in Movant’s business account or
spent by Movant. None of the money was placed in Movant’s escrow account as
required by SCR 3.130-I. 15(a).
SCR 3.130-I. 15(a) requires a lawyer to keep property of clients that is in the
lawyer’s possession separate from the lawyer’s own property. “Funds shall be kept in a
separate account maintained in the state where the lawyer’s office is situated, or
elsewhere with consent of the client. . . .‘I Since Movant did not deposit Mr. Boggs’s
funds into Movant’s escrow account, there were insufficient funds to cover the filing
fees.
Charge Number 7940.
This charge arose out of Movant’s representation of Paul and Carol Miles in a
civil suit instituted against them by H. A. Jones Chevrolet-Buick-Oldsmobile, Inc.
(hereinafter “Jones”). On July 22, 1998, counsel for Jones filed a motion for partial
summary judgment to which Movant filed a response and also tendered a counterclaim.
The motion for summary judgment was overruled. However, Jones had also moved for
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leave to file an amended complaint, which motion was sustained. Movant failed to file
an answer to the amended complaint.
On October 18, 1999, the Carter Circuit Court heard a motion on behalf of Jones
to dismiss the counterclaim for lack of prosecution. At that time, another attorney, at
Movant’s request, appeared and advised the court that Mr. and Mrs. Miles intended to
pursue their counterclaim. The motion to dismiss the counterclaim was overruled;
however, Movant took no further steps to prosecute that claim or to defend his clients
against Jones’s claim. Because of those failures, Jones filed another motion to dismiss
the counterclaim for lack of prosecution and a motion for default judgment premised
upon Movant’s failure to file an answer to the amended complaint. Movant did not
appear at the hearing on these motions and did not defend against them in any way.
Both motions were granted, the counterclaim was struck from the docket, and a default
judgment was entered in favor of Jones. Movant admits that his inaction violated SCR
3.130-I .3 which requires a lawyer to “act with reasonable diligence and promptness in
representing a client.”
Upon the foregoing facts and charges, it is ordered that Movant’s motions for
termination of the proceedings against him and for suspension are granted. It is hereby
ordered that:
1. Movant, David R. Reeves, is suspended from the practice of law in the
Commonwealth of Kentucky for a period of ninety days to serve, and an additional
ninety days probated for one year with conditions as stated below. The period of
suspension shall commence on the date of entry of this order and continue until such
time as Movant is reinstated to the practice of law by order of this Court pursuant to
SCR 3.510 or any controlling amendment to SCR 3.510.
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2. Upon reinstatement, Movant shall remain on probation for a period of one
year under the following terms and conditions:
A. Movant shall abstain from the consumption of alcoholic beverages;
B. Movant shall participate in the Lawyers Helping Lawyers program and
meet all of its requirements;
C. A member of the Lawyers Helping Lawyers Committee will supervise
Movant during his probationary period. The member of the Lawyers Helping Lawyers
Committee shall file quarterly reports with the disciplinary clerk of the KBA for
distribution to bar counsel. Said reports shall state if Movant is complying with the
terms and conditions of this order. If, at any time, the member becomes aware of
Movant’s violation of any of the terms of this order, the member shall immediately file a
notice of such violation with the disciplinary clerk of the KBA for distribution to bar
counsel and Movant.
3. During Movant’s period of probation, the Lawyers Helping Lawyers
Committee member shall have the following responsibilities:
A. Obtain an affidavit from Movant as to whether Movant has abstained
from the consumption of alcoholic beverages;
B. Review the records of the Carter District and Circuit Courts to
determine if Movant has been involved in any alcohol-related incidents during the
reporting period; and
C. Contact Movant as the member of the Lawyers Helping Lawyers
Committee deems appropriate to discharge his or her responsibilities as set forth
above.
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4. If Movant violates the terms of this probation within one year of the date of
Movant’s reinstatement, the KBA shall file a motion with this Court requesting the
issuance of a show cause order directing Movant to show cause, if any, why the ninetyday suspension should not be imposed.
5. If, at the expiration of the probation period of one year, Movant has fully
complied with the above terms and conditions, the Order of Suspension shall
automatically terminate along with all terms and conditions of probation, and the
Lawyers Helping Lawyers Committee member shall be relieved of any further
responsibility under this order.
6. Pursuant to SCR 3.390, Movant shall, within ten (IO) days from the entry of
this order, notify all clients in writing of his inability to represent them, notify all courts in
which he has matters pending of his suspension from the practice of law, and furnish
copies of said letters of notice to the Director of the KBA.
7. In accordance with SCR 3.450, Movant is directed to pay all costs associated
with these disciplinary proceedings against him, said sum being $142.12, and for which
execution may issue from this Court upon finality of this Opinion and Order.
All concur.
ENTERED: November 21, 2001.
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