KENTUCKY BAR ASSOCIATION V. VICKIE LYNN HOWARD
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KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
V.
VICKIE LYNN HOWARD
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association recommends
that Respondent, Vickie Lynn Howard, whose last known Bar Roster address is
P.O. Box 820, Salyersville, Kentucky, be suspended from the practice of law in
the Commonwealth for a period of ninety (90) days. Respondent was admitted to
the practice of law in the Commonwealth of Kentucky on November 18, 1983.
She received a public reprimand in 1995, for her failure to diligently prosecute a
personal injury claim, in violation of SCR 3.130-1 .3 . Kentucky Bar Association v .
Howard , Ky., 899 S.W.2d 91 (1995) .
In the instant matter, the Inquiry Commission charged Respondent with
two counts of professional misconduct. In 1999, Thomas Mullins hired
Respondent to represent him in a personal injury action arising out of an
automobile accident . Following unsuccessful settlement negotiations,
Respondent filed a complaint on Mullins' behalf in the Morgan Circuit Court on
April 28, 2000 . The summonses for the two defendants named in the complaint
were subsequently returned to the Circuit Clerk's office by U .S. Mail as
undeliverable . The record indicates that Respondent made no further efforts to
secure service of process .
In March 2001, Respondent informed Mullins that she would file a motion
for a trial date, but never did so. In April 2001, Mullins rejected a settlement offer
of $15,000 and advised Respondent that he wanted a trial. On June 5, 2001, the
Morgan Circuit Court issued a notice of dismissal of the case for lack of
prosecution . Although the copies of the notice mailed to the two defendants
were returned to the Clerk as undeliverable, the copy mailed to Respondent was
not returned . After Respondent failed to respond to the notice, the trial court
entered an order dismissing the case on June 25, 2001 .
In July 2001, Mullins became dissatisfied with Respondent's
representation and called the Circuit Clerk's office to inquire about the status of
his case . Upon learning the matter had been dismissed, Mullins fired
Respondent and thereafter filed a Bar complaint . Mullins, acting on his own
behalf, did ultimately settle his case with the insurance company for $15,000 .
The Inquiry Commission charged Respondent in Count I with a violation of
SCR 3 .130-1 .3, for failing to act with reasonable diligence and promptness in
representing a client . Count II charged Respondent with a violation of SCR
3 .130-1 .4(a), for failing to keep her client reasonably informed about the status of
the matter and promptly complying with reasonable requests for information .
Respondent failed to answer the complaint or respond to the
Commission's charge and the record was submitted to the Board of Governors
pursuant to SCR 3 .210(1) . By a unanimous vote, the Board found Respondent
guilty of both counts of the charge . Based upon Respondent's prior disciplinary
history, the Board recommends a ninety-day suspension . After reviewing the
record, this Court adopts the decision and recommendation of the Board of
Governors .
Accordingly, it is hereby ORDERED that:
1 . Respondent, Vickie Lynn Howard, is suspended from the practice of
law in Kentucky for a period of ninety days. The period of suspension shall
commence on the date of entry of this order.
2 . Pursuant to SCR 3.450, Respondent is directed to pay all costs
associated with this disciplinary proceeding, said sum being $126 .41, and for
which execution may issue from this Court upon finality of this Opinion and
Order .
3. In accordance with SCR 3 .390, Respondent shall, within ten days from
the entry of this Opinion and Order, notify all clients in writing of her inability to
represent them, and notify all courts in which she has matters pending of her
suspension from the practice of law. Respondent shall furnish copies of said
letters of notice to the Director of the Kentucky Bar Association . Upon the
issuance of said Opinion and Order, Respondent shall immediately, to the extent
possible, cancel and cease any advertising activities in which she is engaged .
All concur. Stumbo, J ., not sitting .
ENTERED : August
1
2003.
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