KENTUCKY BAR ASSOCIATION V. JAMIE KAY ROBERTS, A/K/A, JAMIE KAY ROBERTS GIBSON
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TO BE PUBLISHED
SupxMt (9oud of
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2003-SC-0510-KB
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KENTUCKY BAR ASSOCIATION
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COMPLAINANT
IN SUPREME COURT
JAMIE KAY ROBERTS, A/K/A,
JAMIE KAY ROBERTS GIBSON
RESPONDENT
OPINION AND ORDER OF SUSPENSION
Jamie Kay Roberts, a/k/a Jamie Kay Roberts Gibson, KBA No . 84027, of
Louisville, Kentucky was charged by the Inquiry Commission with six disciplinary
violations .
The violations are as follows :
1) SCR 3.130-1 .3, failure to exercise reasonable diligence and promptness in the
representation of a client ; 2) SCR 3 .130-1 .4(a), failure to keep a client reasonably
informed about her case and failure to comply with a reasonable request for
information ; 3) SCR 3.130-1 .16(d), failure to provide a client with the original or a copy
of her file upon termination of the representation ; 4) SCR 3 .130-5 .5(a), practicing law
while suspended ; 5) SCR 3.130-8 .3(c), conduct involving dishonesty, fraud, deceit or
misrepresentation by making repeated untruthful statements to her client; and 6) SCR
3.130-8 .1(b), failure to knowingly respond to a lawful demand for information from the
disciplinary authority.
C~~.01++~~
No response to the charges was filed . Service of the complaint and a warning
letter was made by the Jefferson County Sheriff .
Roberts was hired to represent the client on a contingent fee arrangement in a
personal injury action stemming from an automobile accident in 1997. The client never
received a copy of the agreement . The client was advised that the suit had been filed
and the suit was progressing . The lawyer made representations that she had
discussed settlement and rejected a specific offer . There is no evidence that the lawyer
ever filed a suit on the matter and the case was not settled . There is no evidence that
the lawyer negotiated with any opposing counsel or any other person regarding
settlement .
On January 3, 2001, this Court suspended Roberts from the practice of law for
failure to comply with continuing legal education requirements . The lawyer did not tell
the client about the suspension and after the suspension, continued to give
reassurances and representations about the case to the client.
Beginning in January 2001, the client and her husband made repeated requests
for file materials .
The client learned of the suspension and told the lawyer of her
discovery . The lawyer specifically told the client she was not suspended from the
practice of law and had a settlement offer. She continued to give the client
reassurances about the case, but failed to respond to additional requests for
information or surrender the file to the client.
On February 20, 2003, this Court suspended Roberts for 181 days. Kentucky Bar
Ass'n v. Roberts-Gibson , Ky., 97 S .W .3d 450 (2003) . In that default case, this Court
determined that Roberts was guilty of violating SCR 3 .130-5 .5(a) by continuing to
practice law after the suspension of her license in 2001 for failure to comply with CLE
requirements ; for a violation of SCR 3 .130-8 .3(c) by misrepresenting her status as an
attorney to the Jefferson Family Court and to her clients, and SCR 3.130-8 .1(b) for
failure to respond to the bar complaint or acknowledge its receipt.
In the prior discipline, Roberts continued to act as a guardian ad litem in
Jefferson Family Court after she had been suspended for the CLE violations. Roberts
was aware of the suspension because, according to KBA records, she requested
information about restoration, but never filed such an application .
In Charges 1 through 5, the Board of Governors of the Kentucky Bar Association
voted 21-0 for guilt and in Charge 6 voted 18-3 for guilt. The Board then voted 21-0 to
suspend Roberts for a period of three years to run consecutively with her current
suspension .
Roberts made no request pursuant to SCR 3.370(8) that this Court review the
Board's recommendation, and this Court declines to initiate such review.
Consequently, pursuant to SCR 3.370(10), the recommendation of the Board of
Governors is adopted by this Court .
Upon the foregoing facts and charges, it is therefore ORDERED that:
1) Jamie Kay Roberts be and is hereby suspended from the practice of
law for three years, to run consecutively from her current suspension .
2) Pursuant to SCR 3.450, Roberts is directed to pay all costs associated
with these disciplinary proceedings in the amount of $142 .50, for which
execution may issue from this Court upon finality of this Opinion and
Order.
3) Pursuant to SCR 3.390, Roberts shall, within ten (10) 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, and furnish copies
of said letters of notice to the Director of the Kentucky Bar Association .
4) Roberts is also ordered to immediately cancel any and all advertising
in which she may be engaged to the extent possible .
All concur.
ENTERED : September 18, 2003
COUNSEL FOR COMPLAINANT:
COUNSEL FOR RESPONDENT :
Bruce K. Davis
Executive Director
Jamie K. Roberts
116 Machie Lane
Louisville, KY 40214
Jane H . Herrick
Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
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