KENTUCKY BAR ASSOCIATION V. RODNEY S. JUSTICE
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TO BE PUBLISHED
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NO . 2006-SC-000522-KB
KENTUCKY BAR ASSOCIATION
V.
D
D
APPELLANT
IN SUPREME COURT
RODNEY S . JUSTICE
APPELLEE
OPINION AND ORDER
Rodney S. Justice, KBA Member No. 37124, whose last known address is
P.O. Box 1895, Ashland, Kentucky 41105, has moved to terminate Kentucky Bar
Association disciplinary proceedings against him by consenting to a thirty-day
suspension from the practice of law. The KBA has no objection to Justice's request.
The disciplinary proceedings stem from Justice's agreement to represent
James Burton and James Flaugher in a civil action against the Carter County Board of
Education
to challenge the sale of surplus realty .
$1500 retainer fee, but the representation
Justice filed a complaint in the
Flaugher paid Justice a
agreement was not reduced to writing .
Carter Circuit Court, and
the Board responded with a
motion to dismiss . Despite being noted on the certificate of service on the motion to
dismiss, Justice did not respond to the Board's motion ; and he did not attend the circuit
court hearing on it.
Justice did not notify his clients of the
filing of the motion, and he
did not inform them of the hearing date . Following the hearing, the circuit court granted
the motion dismissing Burton and Flaugher's complaint, with prejudice .
Justice did not inform his clients of the dismissal of their suit until Burton
obtained a copy of the order six months later while he was picking up his file at Justice's
office . Burton and Flaugher then wrote Justice a letter, demanding the return of their
$1500 retainer fee . Although Justice ultimately refunded the retainer, he did not
respond to Burton and Flaugher's demand until after they initiated a bar complaint
against him .
Based on these allegations, the KBA's Inquiry Commission charged
Justice with five counts of misconduct. First, the Commission charged that Justice
violated Kentucky Supreme Court Rule (SCR) 3.130(1 .3) when he failed to file a
response to the motion to dismiss and failed to attend the hearing on that motion .
Second, the Commission charged Justice with violating SCR 3.130(1 .4)(a) when he
failed to advise his clients of the making and granting of the motion to dismiss until
approximately six months after the case was dismissed. Third, the Commission
charged that Justice violated SCR 3 .130(1 .4)(b) when he failed to communicate to his
clients the steps necessary to respond properly to the motion to dismiss . Fourth, the
Commission charged that Justice violated SCR 3.130(1 .15)(a) when he placed the
unearned $1500 retainer into his general operations account when it did not qualify as a
valid nonrefundable retainer . Fifth, the Commission charged Justice with violating
SCR 3.130(1 .16)(d) when he failed to refund any unearned portion of his fee until he
had been served with a bar complaint. Justice admits to the substance of these
charges in his motion for suspension from the practice of law.
Despite the fact that he is an experienced attorney, having been admitted
to the practice of law in October 1974, this is not Justice's first brush with the attorney
discipline system . Justice has been privately reprimanded by the Commission on four
previous occasions for such matters as failing to exercise reasonable diligence in
representing a client and for failing adequately to communicate with a client .
Based upon the foregoing, it is ordered that:
1.
Movant, Rodney S . Justice, is hereby suspended from the practice
of law in the Commonwealth of Kentucky for a period of thirty (30)
days, effective from the date of this order.
2.
In accordance with SCR 3 .450, Justice must pay all costs
associated with these disciplinary proceedings against him, said
sum being $27.26, and for which execution may issue from this
Court upon finality of this Opinion and Order.
All concur.
,
ENTERED : August
COUNSEL FOR APPELLANT :
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
-
2006 .
Cary Burnett Howard, Jr .
Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
COUNSEL FOR APPELLEE:
Rodney S . Justice
P. O. Box 1895
Ashland, Kentucky 41105
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