INQUIRY COMMISSION V. TAMMIE JONES SIVALLS KBA MEMBER NO . 86924
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2003-SC-0555-KB
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INQUIRY COMMISSION
V.
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PETITIONER
IN SUPREME COURT
TAMMIE JONES SIVALLS
KBA MEMBER NO. 86924
RESPONDENT
OPINION AND ORDER
Pursuant to SCR 3.165(1)(a) and SCR 3.165(1)(b), the Inquiry Commission has
petitioned this Court to enter an order temporarily suspending the Respondent, Tammie
Jones Sivalls of Mt. Sterling, Kentucky, from the practice of law in the Commonwealth of
Kentucky. The Inquiry Commission alleges that probable cause exists to believe that
Respondent has misappropriated client funds for her own use or has otherwise
improperly dealt with funds, SCR 3.165(1)(a), and that her dishonesty or negligence in
handling funds entrusted to her presents a real and present danger to the public . SCR
3.165(1)(b) .
In support of its petition, the Inquiry Commission has submitted the following
information about acts of alleged wrongdoing by Respondent . On June 10, 2003,
Respondent was indicted by a grand jury in Montgomery County, Kentucky, on two
felony counts: one count of criminal possession of a forged instrument in the first
degree, KRS 516 .050 (Class C felony), and one count of theft by failure to make
required disposition of property, KRS 514.070 (Class C felony) . Both of these counts
stem from the alleged conversion by Sivalls of the proceeds of a check from the United
States government to her client, Luther McIntosh, in the amount of $26,922.40.
The Inquiry Commission also attaches a sworn complaint, dated July 16, 2003,
and filed by Wilgus Combs, which alleges that Respondent wrongfully retained
approximately $16,500 .00 of a check paid to Combs by Allstate Insurance Co. i n
settlement of the personal injury claim Respondent litigated for him . Attached with this
complaint were several letters that Combs's current attorney sent Respondent inquiring
about the settlement proceeds.
The Inquiry Commission also cites several sworn complaints from individuals
who retained Respondent to file bankruptcy claims for them. Each of these individuals
claims to have paid Respondent a retainer fee to handle a bankruptcy claim,' and that
Respondent neither filed the claim with the bankruptcy court nor returned the fee.
Finally, the Inquiry Commission includes a copy of an order issued on June 24, 2003, by
the United States Bankruptcy Court, Eastern District of Kentucky at Lexington,
suspending Respondent from practicing law in that court for a period of one year . This
order stemmed from Respondent's failure to respond to that court's orders, including a
show cause order, issued in connection with the bankruptcy case she had filed for
Ralph and Bonita King . Respondent has not tendered any response to the Inquiry
Commission's petition.
' Nancy Crouch claims to have paid Respondent $750.00 plus a $200.00 filing fee for
the filing of her bankruptcy claim . Gwen Roberts claims to have paid Respondent in full
for handling her bankruptcy claim. Buena Vista Burgette claims to have paid
Respondent $900.00 to file her bankruptcy claim .
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Upon review of the materials provided by the Inquiry Commission, the Court
concludes that there is probable cause to believe Respondent "is or has been
misappropriating funds the attorney holds for others to her own use or has been
otherwise improperly dealing with said funds," SCR 3.165(1)(a), and that there is
probable cause to believe that her "conduct poses a substantial threat of harm to her
clients or to the public ." SCR 3.165(1)(b).
ACCORDINGLY, IT IS THEREFORE ORDERED THAT:
1 . Respondent is temporarily suspended from the practice of law in the
Commonwealth effective this date and until this order is superseded by subsequent
order.
2. If it has not aiready done so, the Inquiry Commission shall initiate disciplinary
proceedings against Respondent pursuant to SCR 3.160 unless Respondent resigns
under terms of disbarment .
3. Pursuant to SCR 3 .165(5), Respondent shall, within twenty (20) days of the
date of entry of this order, notify in writing any and all clients of her inability to continue
to represent them and shall furnish copies of such written notifications to the Director of
the Kentucky Bar Association .
4. Pursuant to SCR 3 .165(6), Respondent shall, to the extent reasonably
possible, immediately cancel and cease any and all advertising activities in which she is
engaged .
All concur.
ENTERED : October 23, 2003 .
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