KENTUCKY BAR ASSOCIATION V. LOUIS ZIMMERMAN
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2010-SC-000563-KB
DATE
KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
LOUIS ZIMMERMAN
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has
recommended to this Court that Respondent, Louis Zimmerman, KBA Member
No . 83393, whose last known bar roster address is 1310 Broadway, P.O. Box
7238, Paducah, Kentucky 42002, be publicly reprimanded as a result of
engaging in misconduct during his representation of James Thompson.
Zimmerman was admitted to practice law in the Commonwealth on May 1,
1990 . For the reasons set forth below, we agree with and adopt the Board's
recommendation .
FINDINGS OF FACT
Zimmerman entered an appearance to represent James Thompson in an
age and gender discrimination suit on December 20, 2006 . A settlement was
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mediated on September 8, 2008, in which Mr. Thompson was to receive
$20,000 .00 to be paid within fifteen days . Mr. Thompson did not receive the
money, nor did he hear from Zimmerman. Between December 12, 2008 and
June 10, 2009, Mr. Thompson placed forty-nine calls to Zimmerman. All calls
went unreturned . Finally, Mr. Thompson wrote a letter to Zimmerman, which
he both faxed and mailed on June 18, 2009, stating he would file a Bar
Complaint if Zimmerman did not contact him. Mr. Thompson did not receive a
response .
On August 1, 2009, Mr. Thompson was notified by the defendant that
they were holding a stale check in his name in the amount of $11,260 .46, and
that they would reissue the check if he would sign a document and return to
them. Mr. Thompson signed and returned the form . Counsel for the defendant
confirmed the settlement amount, stating that the difference between the
$20,000 .00 settlement and the $11,260 .46 check was for taxes. Although Mr.
Thompson received more money than he would have otherwise because
Zimmerman did not receive his contingency fee, he remained unhappy and
filed a complaint against Zimmerman with the KBA on August 11, 2009 .
After receiving the complaint filed by Mr. Thompson, the KBA
Disciplinary Clerk requested additional information from Zimmerman by a
letter dated September 8, 2009 . Zimmerman was advised at that time that he
could face an additional charge of misconduct pursuant to SCR 3 .130-8 .1
(failing to respond to a lawful demand from the KBA for information regarding
ethics charges) if he did not respond. Zimmerman failed to respond and was
served a reminder letter on October 21, 2009 . After failing to respond yet
again, the Inquiry Commission issued the Charge in this matter on March 26,
2010 . Zimmerman was served by the McCracken County Sheriffs Office on
April 30, 2010. When no answer was filed, the Office of Bar Counsel sent a
courtesy reminder along with a Motion for Permission to File a Late Answer on
May 25, 2010. No Answer was filed, and the Order of Submission was signed
by the Inquiry Commission Chair on June 10, 2010.
In a unanimous vote 16-0, the Board voted to find Zimmerman guilty of
violating SCR 3.310-1 .3 for failing to act with reasonable diligence and
promptness in representing his client; SCR 3.310-1 .4(a) for failing to promptly
inform his client of any decision or circumstance with respect to which the
client's informed consent is required by the Rules; SCR 3.310-1 .16(d) for
abandoning representation of his client, failing to take steps to protect his
client, failing to return money; and finally SCR 3.310-8.1(b) by failing to
respond to requests from the KBA for information regarding the ethics charges.
Based on these findings, the Board of Governors recommended 16-0 to
publically reprimand Zimmerman for his actions, and successfully complete
the Ethics and Professional Enhancement Program presented by the Office of
Bar Counsel.
CONCLUSION
Respondent has not filed
a notice with this
Court to review the Board's
decision, and we do not elect to review the decision of the Board under SCR
3.370(8) . The decision of the Board is hereby adopted under SCR 3.370(10) .
Thus it is ORDERED that:
1) Respondent, Louis Zimmerman, KBA Member No . 83393, 1310
Broadway, P.O . Box 7238, Paducah, Kentucky 42002, is publicly reprimanded;
2) Respondent must attend and successfully complete the Ethics and
Professional Enhancement Program presented by the Office of Bar Counsel;
3) In accordance with SCR 3 .450, Respondent must pay all costs
associated with these disciplinary proceedings against him, the sum being
$375.15, for which execution may issue from this Court upon finality of this
Opinion and Order ;
Minton, C .J ., Abramson, Noble, Schroder, Scott and Venters, JJ .,
concur . Cunningham, J ., not sitting.
ENTERED : November 18, 2010.
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2010-SC-000563-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
LOUIS ZIMMERMAN
RESPONDENT
ORDER CORRECTING TYPOGRAPHICAL ERROR
_
This Court being advised - that there is a typographical error on page 3 of the
Opinion and Order entered by this Court on November 18, 2010, in the above-styled
action, IT IS THEREFORE ORDERED that the attached page 3 is hereby substituted in
lieu of page 3 of the original Opinion and Order. This typographical correction does not
affect the holding of the original Opinion and Order.
ENTERED: December
2
2010.
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