KENTUCKY BAR ASSOCIATION V. ANGELA GRIFFIN ALLEN
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TO BE PUBLISHED
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1999-SC-0997-KB ,‘ ‘,;_.
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KENTUCKY BAR ASSOCIATION
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COMPLAINANT
IN SUPREME COURT
ANGELA GRIFFIN ALLEN
RESPONDENT
ORDER
Respondent, Angela Griffin Allen, requests that this Court remand the
disciplinary action in which she was suspended from the practice of law for two years to
the Kentucky Bar Association for further proceedings. For the following reasons,
Respondent’s motion is denied and the KBA’s recommendation of a two year
suspension is adopted.
A history of Respondent’s multiple disciplinary violations is necessary for a
thorough understanding of this case. Respondent, whose last known address of record
is 880 Corporate Drive, Suite 300, Lexington, Kentucky, was initially suspended from
the practice of law on May 2, 1996, for non-payment of dues. On January 6, 1998,
Respondent filed an application for reinstatement and tendered a check to cover unpaid
dues and an application fee. The KBA Board of Governors denied reinstatement,
however, because Respondent had three additional disciplinary actions pending against
her at that time. Subsequently, Respondent was found guilty of these charges and
suspended from the practice of law for one year by opinion and order of February 18,
1999.’
The instant action was instituted on March 12, 1999, when the Inquiry
Commission issued a complaint against Respondent for three counts of professional
misconduct. Count I alleged a violation of SCR 3.130-5.5(a), for practicing law in a
jurisdiction so as to violate the regulation of the legal profession in that jurisdiction.
Count II alleged a violation of SCR 3.130-8.3(c), for misrepresenting her status as a
licensed attorney. Counts I and II arose from Respondent having signed, while her
license to practice law was suspended, both a preparation certificate for a mechanic’s
and materialman’s lien and a complaint filed in Mason district court. Count III alleged a
violation of SCR 3.130-8.1 (b), for failing to respond to a lawful demand for information
from an admissions of disciplinary authority.
Respondent failed to respond to the complaint. On June 16, 1999, the
Inquiry Commission issued a three-count charge against Respondent, who was sent a
letter in mid-July warning her that the case would be submitted to the Board as a
default case if an answer was not filed. On August 6, 1999, the Inquiry Commission
ordered the matter submitted to the Board as a default case pursuant to SCR 3.210(l).
On September 16, 1999, the day before the Board meeting at which the
matter was to be presented, Respondent faxed a letter to the KBA requesting “ample
time” to respond to the charges. Bar counsel attempted to contact Respondent that
’ Allen v. Kentuckv Bar Assoc., Ky., 985 S.W.2d 347, 348-349 (1999)(attorney’s
misconduct included failure to act with reasonable diligence in representing a client,
failure to return client’s calls, practicing law while law license was suspended, and
failure to respond to disciplinary complaint).
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same day, but she could not be reached. Around 1:OO p.m. on September 17, 1999,
Respondent left a voice mail message for Bar Counsel stating that she could not attend
the meeting because she was out of town. Bar Counsel again tried to contact
Respondent, but was unsuccessful. Around I:30 p.m of the same day, Respondent
faxed a copy of a brief memo and an illegible “Request for Continuation.” There were
no further communications from Respondent at that time.
The matter was presented to the Board as a default case that same day.
Respondent was found guilty of Counts I and II, and not guilty of Count III. The Board
recommended that Respondent be suspended form the practice of law for two years
following the termination of her one year suspension which commenced on February
18, 1999.
On October 15, 1999, the Board entered an order in which it considered
Respondents “Request for Continuation.” The Board questioned whether the request
rose to the level of a formal motion; yet, if it did, the Board ordered it denied in light of
the absence of any reason for Respondent’s delay as well as the default nature of the
case.
On November 24, 1999, Respondent filed a motion pro se with this Court
requesting an extension of time to file a notice of review of the Board’s
recommendation. This Court allowed Respondent until January 25, 2000, to file her
notice of review and brief. Rather than filing the brief, however, Respondent - through
her counsel who was hired on January 24,2000, the day before the deadline - filed
the instant motion to remand, Respondents motion acknowledges that there is no legal
authority supporting a remand, but requests such as a matter of grace. The motion
also states Respondent’s excuse for her dilatory conduct: she claims to have been
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previously represented by other counsel who failed to take any action whatsoever in
this disciplinary matter. She fails to provide any more detailed information about this
other counsel.
Respondent’s motion is correct in noting that there is no legal authority
that would support remanding this case to the KBA. Furthermore, Respondent has
demonstrated a pattern of chronic neglect regarding maintenance of her professional
license and her responsibilities to the licensing authority. Respondent also has offered
no reasonable explanation for her consistently delayed responses to notices from the
KBA. Given these circumstances, it would be improvident to grant her motion to
remand this matter. Inasmuch as Respondent failed to timely file a notice of review in
this Court, the KBA Board of Governors recommendation that Respondent be
suspended from the practice of law for two years is hereby adopted.
Upon the foregoing facts and charges, it is ordered that:
1. Respondent’s motion to remand is hereby denied
2. Respondent, Angela Griffin Allen, is hereby suspended from the
practice of law for two years for her professional misconduct. The suspension shall
commence on February 18,2000, the concluding date of her prior one year suspension
ordered by this Court on February 18, 1999. The suspension shall continue until such
time as she is reinstated to the practice of law by order of this Court pursuant to SCR
3.510.
3. Respondent, Angela Griffin Allen, is directed to pay costs of this action
in accordance with SCR 3.450, said sum being $83.45, and for which execution may
issue from this Court upon finality of this Order.
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4. In accordance with SCR 3.390, Respondent, Angela-Griffin Allen, shall
within ten (10) days of the entry of this order notify all clients of her inability to represent
them and furnish copies of said letters of notice to the Director of the Kentucky Bar
Association. She shall also provide such notification to all courts in which she has
matters pending.
All concur.
ENTERED: March 23,200O.
COUNSEL FOR MOVANT:
Bruce K. Davis, Executive Director
Jay R. Garrett, Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT:
Bernard Pafunda
271 West Short Street, Suite 512
Lexington, KY 40507
Angela Griffin Allen
880 Corporate Drive, Suite 300
Lexington, KY 40503
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