KENTUCKY BAR ASSOCIATION V. PHILLIP G. TAYLOR
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TO BE PUBLISHED
KENTUCKY BAR ASSOCIATION
IN SUPREME COURT
V.
PHILLIP
COMPLAINANT
RESPONDENT
G. TAYLOR
OPINION AND ORDER OF DISBARMENT
The Board of Governors of the Kentucky Bar Association has recommended to
this Court that Phillip G. Taylor, whose last known address is Amelia, Ohio, be
permanently disbarred from the practice of law in Kentucky, having been found guilty on
two separate counts of professional misconduct. Taylor has already been disbarred by
an action of this Court on August 26, 1999, in KBA v. Tavlor, Ky., 997 S.W.2d 464
(1999).
In KBA File 7731, Taylor is charged with failure to file a bankruptcy proceeding
after accepting a fee and agreeing to do so, and for failure to keep his client reasonably
informed of the status of matters constituting the subject of the representation. Taylor
was paid $750 to file a bankruptcy petition. Later, Taylor agreed to assist the same
client in pursuing an appeal of a federal black lung case. The client discovered in 1997
that Taylor was no longer operating his law office in Kentucky and had moved to Ohio.
The client was not successful in contacting Taylor. Upon investigation, the client
discovered that Taylor never filed a bankruptcy petition and that the federal black lung
appeal had been denied.
SCR 3.130-I .3 provides that a lawyer shall act with reasonable diligence and
promptness in representing a client. SCR 3.130-I .4(b) provides in part that a lawyer
shall keep a client reasonably informed about the status of a matter. SCR 3.1301 .I .4(b) provides that a lawyer should explain a matter to the extent reasonably
necessary to permit the client to make informed decisions regarding the representation.
Here, Taylor failed to comply with the rules of professional conduct by failing to
communicate with his client and failing to provide him with necessary information about
the status of the bankruptcy petition.
KBA File 7143. In 1990, the complainants filed a civil suit in Jefferson County.
That suit was later transferred to Fayette County in 1993, and subsequently the claims
were ordered to proceed through arbitration. In November 1997, the complainants
retained Taylor to represent them in the case as well as a pending stock arbitration
involving one of the parties. Taylor and one of his clients entered into an oral
agreement for the payment of $500.00 in advance, to be applied against an attorney fee
of one-third of any recovery that might be achieved. The $500 advance was paid by the
client at the time Taylor was retained. When Taylor entered the case in November
1997, he had approximately five weeks to take action in the case to avoid dismissal.
However, he took no such action and as a result the trial judge dismissed the case with
prejudice on January 28, 1998.
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On or about March 19, 1998, the claims pending in the stock arbitration were
dismissed to the detriment of Taylor’s client because he had failed to transfer discovery
information to the opposing party.
SCR 3.130-I .5(c) provides in part that, a contingent fee agreement shall be in
writing and should state the method by which the fee is to be determined, including the
percentage or percentages that shall accrue to the lawyer in the event of settlement,
trial or appeal. SCR 3.130-I .3 provides that a lawyer shall act with reasonable diligence
and promptness in representing a client.
By a vote of 16 to zero, the Board of Governors determined that Taylor was guilty
of professional misconduct in both proceedings and recommended disbarment. Taylor,
who was admitted to the practice of law in Kentucky in 1988, had been the subject of
prior disciplines including a private admonition on October 30, 1996; a private
admonition on May 12, 1997, and disbarment on August 26, 1999.
Taylor failed to make any appearance or make any defense to any of the
charges.
Therefore, upon consideration of the record and recommendation of the Board of
Governors, this Court does hereby order that Phillip G. Taylor be and is hereby
permanently disbarred from the practice of law in Kentucky and he shall not be
permitted to apply for reinstatement of his license to practice law. The period of
disbarment shall begin on the date of the entry of this order.
.
Pursuant to SCR 3.450, Taylor is required to pay all costs associated with these
disciplinary proceedings in the amount of $64.87, and for which execution may issue
from this Court upon finality of this Opinion and Order.
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Pursuant to SCR 3.390, Taylor shall, within ten (IO) days from the entry of this
Opinion and Order, notify in writing all courts in which he has matters pending and all
clients of his inability to provide further legal service and to furnish the Director of the
Kentucky Bar Association with a copy of all such letters, or to provide the Director of the
KBA with a certificate that he has no active clients.
All concur.
ENTERED: May 24,200l
COUNSEL FOR COMPLAINANT:
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
Reid Allen Glass
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
RESPONDENT:
Phillip Gowin Taylor
12 Montgomery Way #7
Amelia, OH 45102
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