KENTUCKY BAR ASSOCIATION V. ANGELA GRIFFIN ALLEN
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TO BE PUBLISHED
KENTUCKY BAR ASSOCIATION
V.
IN THE SUPREME COURT
RESPONDENT
ANGELA GRIFFIN ALLEN
OPINION AND ORDER
Respondent, Angela Griffin Allen, whose last known address was 4621
Thornwood Circle, Lexington, Kentucky, 40515, was admitted to the practice of law in
the Commonwealth of Kentucky on October 16, 1992. The instant action consolidates
for consideration two separate complaints against Allen - KBA Files 7881 and 7934.
Based on these complaints, the Inquiry Commission charged Allen with violations of
SCR 3.130-8.3(b)&(c), which prohibit attorneys from “commit[ting] a criminal act that
reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in
other respects,“’ and from “engag[ing] in conduct involving dishonesty, fraud, deceit or
misrepresentation;“2 and SCR 3.130(8.1)(b), which prohibits attorneys from “knowingly
‘SCR 3.130-8.3(b).
2SCR 3.130-8.3(c).
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fail[ing] to respond to a lawful demand for information from an admissions or
disciplinary authority.“3
Allen filed no response to any of the charges, and the Inquiry Commission
submitted the matter to the Board of Governors as a default case pursuant to SCR
3.210(l). After a de novo review of the charges, the Board of Governors found Allen
guilty of each violation alleged by the Inquiry Commission.
According to the findings of fact of the Board of Governors in KBA File 7881,
Allen, while employed by American Title Group, Inc., engaged in a pattern of dishonest
conduct characterized by her forging an attorney’s signature on legal documents and
misappropriations of company funds:
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Melvin K. Drury is President of American Title Group,
inc., a company organized to facilitate the title and
closing needs of American Lending Group and other
lenders. According to Mr. Drury’s Affidavit, American
Title Group, Inc., employed Angela G. Allen, the
Respondent, to handle the operations of the
company.
On or about the first week of October of 1999, after
attempting to reconcile the escrow account of
American Title Group, Inc., Mr. Drury inquired of Ms.
Allen about the outstanding deposit of $39,900.00.
Ms. Allen represented to Mr. Drury that it was from a
cash closing she had performed in her home town of
Maysville, and that the buyer was an old family friend
and good for the money. As proof, the Respondent
presented to Mr. Drury a check from Grace M. Park
for $39,900.00, and said the lady was going to wire
the money instead of depositing the check.
In December of 1999, Melvin Drury noticed that the
funds were still outstanding. He inquired with Ms.
Allen, and Ms. Allen indicated that she would take
care of it. On further inquiry, Ms. Allen assured Mr.
3SCR 3.130-g. 1 (b).
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Drury that it had been taken care of, and the funds
were in the account.
When Mr. Drury called the Bank, no funds had been
received, and he demanded the file from Ms. Allen.
Mr. Drury attempted to call Grace M. Park, but the
number in the file did not belong to Ms. Park.
He called the Bank upon which the check had been
drawn on Ms. Park’s account, and no account
existed.
Mr. Drury further investigated and finally contacted
Grace Park’s daughter-in-law, and discovered that
Grace Park had died three years earlier, and that
Attorney Allen was the attorney who handled the
estate.
Mr. Drury confronted Attorney Allen on February 3,
2000 with this information, and Respondent Allen
confessed to him the following:
[A.] She had distributed $39,914.00 out of
American Title Group, Inc.‘s escrow account to
pay off a personal law suit to Marcus Hargis.
[B.] She admitted that she had lied, and there
had been no cash closing.
[Cl. She admitted writing the check on Ms.
Park’s account, which she then presented to
Mr. Drury to show good faith funds.
Mr. Drury terminated Ms. Allen immediately.
The file also reflects that on March 9, 2000, Mr. Drury
faxed to J. Garrett at the Kentucky Bar Association
Check No. 413 dated December 8, 1999, drawn on
American Title Group, Inc., which was made payable
to “PAA.” The back of the check reflects that it was
deposited into the account of “Pediatric & Adolescent
Associates, P.S.C.” Mr. Drury asserted, in his fax,
that Attorney Allen paid these funds out of American
Title Group, Inc’s escrow account for her own
benefit.
After Ms. Allen’s termination, Mr. Drury reviewed the
files, current and old, and apparently noticed
something wrong with Attorney Leslie Dean’s
signature. Ms. Dean works as an attorney for the firm
of Dean, Dean, & Dean. She was contacted by
American Title Group, Inc., to review files, prepare
and sign Deeds, etc. On further review, Mr. Drury
opines in his affidavit that approximately 41
purchases and 21 refinances (that’s 62 files)
11.
contained a forged signature for Leslie Dean,
apparently executed by Ms. Allen.
These forgeries are confirmed by a sworn statement
from Leslie Dean addressed to J. Garrett at the
Kentucky Bar Association.
As a result of Allen’s conduct while employed by American Title Group, Inc., the Board
of Governors found her guilty of violating SCR 3.130-8.3(b)&(c). The Board of
Governors further found Allen guilty of violating SCR 3.130-8.1 (b) because of her
failure to respond to the disciplinary proceedings against her.
The Board of Governors also found violations of the Kentucky Rules of
Professional Conduct by Allen in KBA File 7934 when Allen compounded potentially
criminal misappropriations of funds when she converted funds from her employer to
repay a client whose power of attorney she had abused to convert property for her own
purposes:
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On February 14, 1997, the Respondent, Angela
Allen, obtained a Limited Power of Attorney from
Marcus P. Hargis, the Guardian for Margaret Louise
Block, his grandmother.
On or about August 14, 1997, without notice to either
Margaret Block or Marcus P. Hargis, the Respondent,
Angela Griffin Allen, utilized the Power of Attorney to
convey real property owned by Margaret Block to
Steve Stone and Ann Stone for the sum of
$40,000.00 (Deed Book 1931, Page 134, Filed
August 25, 1997, Fayette County Court Clerks
Office).
A Complaint was filed in the Fayette Circuit Court on
August 19, 1999, by Marcus P. Hargis as Guardian
for Margaret L. Block (Civil Action No. 99-Cl-2918
styled “Margaret L. Block, by and through Marcus P.
Hargis, Guardian, Plaintiff, v. Angela Griffin Allen,
Defendant”) alleging the unauthorized sale of the real
estate, and the conversion of $40,000.00.
According to the Affidavit of Respondent Allen’s
employer, Melvin K. Drury, President of American
Title Group, Inc., Respondent Allen admitted to him
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on February 3, 2000, that, in August of 1999, she
used $39,914.00 out of American Title Group, Inc.‘s
escrow account to pay off “a personal law suit to
Marcus P. Hargis.”
On the basis of Allen’s conduct and her subsequent failure to respond to the charges
against her, the Board of Governors found her guilty of violating SCR 3.130-8.3(b)&(c)
and SCR 3.130-8.1 (b).
After considering Allen’s three (3) previous suspensions, including her current
two (2) year suspension which began on March 23, 2000,4 the Board of Governors
recommended that Allen be permanently disbarred from the practice of law in the
Commonwealth of Kentucky. Allen made no request pursuant to SCR 3.370(8) that this
Court review the Board’s recommendation, and, pursuant to SCR 3.370(10), this Court
therefore adopts the recommendation of the Board of Governors.
ACCORDINGLY, IT IS HEREBY ORDERED:
(1) Respondent, Angela Griffin Allen, is hereby permanently disbarred from the
practice of law in the Commonwealth of Kentucky and shall not be permitted to apply
for reinstatement of her license to practice law. The period of disbarment shall
commence on the date of entry of this Order.
(2) In accordance with SCR 3.450 and SCR 3.480(3), Allen is ordered to pay all
costs associated with these disciplinary proceedings against her, said sum being one
hundred fifty-three dollars and sixty-four cents ($153.64), and for which execution may
issue from his Court upon finality of this Opinion and Order.
4$& Allen v. Kentucky Bar Ass’n, KY., 985 S.W.2d 347 (1999); Kentucky Bar
Ass’n v. Allen, Ky., 13 S.W.3d 927 (2000).
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(3) Pursuant to SCR 3.390, Allen shall, within ten (10) days from the entry of this
Opinion and Order, notify in writing all courts in which she may have matters pending
and all clients, of her inability to provide further legal services, and furnish the Director
of the Kentucky Bar Association with a copy of all such letters.
All concur.
Entered: December 21, 2000.
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