KENTUCKY BAR ASSOCIATION V. DAVID O . WELCH
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TO BE PUBLISHED
_~AMENDED :_ulAYf2R, 2q4
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,Sixyrrmr Courf of
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2004-SC-0166-KB
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KENTUCKY BAR ASSOCIATION
V.
s
COMPLAINANT
IN SUPREME COURT
DAVID O . WELCH
RESPONDENT
OPINION AND ORDER
Complainant, the Kentucky Bar Association (KBA), asks this Court to issue a
public reprimand against Respondent, David O. Welch, of Ashland, Kentucky, for
violating SCR 3.130-1 .3. Welch has not filed a notice for review . After careful review of
the record, we grant the KBA's motion and issue the reprimand .
Charge
On January 11, 1991, Larry Conley contacted Welch about representing his
mother, Martha Conley, who had been injured when she slipped and fell at a Hill's
Department Store in Russell, Kentucky. After meeting with Mrs. Conley and her
husband, Welch agreed to the representation .
After preparing a complaint in the case, Welch learned that Hill's had filed for
bankruptcy protection . He was thus stayed from pursing the claim in court . On
February 4, 1991, Welch, however, did file a copy of the complaint in the bankruptcy
court in connection with filing a proof of claim against Hill's .
Hill's plan of reorganization was confirmed on September 10, 1993, and the
automatic stay was lifted on October 4, 1993. Welch was notified by letter on
November 8, 1993, that the stay had been lifted and that he could now pursue the
Conleys' claim against Hill's . The last contact Welch had with the Hill's attorney
assigned to the case was sometime in 1996 .
At some time during 1998, the Conleys contacted the KBA's Client Assistance
Program. About a year later, Welch met with the Conleys and discussed settling the
case for around $38,000.00 . The Conleys rejected the settlement proposal .
Apparently no more was done on the case and Mrs . Conley filed a bar complaint
with the KBA . The case was referred to the Client Assistance Program . As a result, a
meeting was scheduled between Welch and the Conleys, but the meeting was never
held due to Respondent's wife's medical condition .
Welch answered Mrs. Conley's bar complaint on July 27, 2000.
The Inquiry Commission filed a one-count charge against Welch on December 4,
2001, which Welch answered on January 2, 2002 .
Welch's defense to the charge was that he did not file a complaint in circuit court
for the Conleys because his clients never authorized this action . But the defense was
not relevant to the Board of Governors' finding that Welch failed to advise the Conleys
about the running of the statute of limitations on their claim . On that basis, the Board
found that Welch failed to proceed with reasonable diligence and promptness in
representing the Conleys in violation of SCR 3.130-1 .3 .
The above facts support the Board's finding that Welch violated SCR 3 .130-1 .3 .
Therefore, we order that:
1 . Respondent, David O . Welch, be and hereby is publicly reprimanded for his
violation of SCR 3.130-1 .3 ; and
4
2. Welch, in accordance with SCR 3 .450, is directed to pay all costs associated
with these disciplinary proceedings against him, said sum being $752.34, and for which
execution may issue from this Court upon finality of this Opinion and Order .
All concur.
Entered : April 22, 2004 .
'Suprtmt Caurf of ~irufurhv
2004-SC-0166-KB
KENTUCKY BAR ASSOCIATION
V.
COMPLAINANT
IN SUPREME COURT
DAVID O . WELCH
RESPONDENT
ORDER
The Opinion and Order in the above styled case entered April 22, 2004, is
hereby amended to correct typographical errors on pages 2 and 3. This amendment
does not change the holding of the Opinion and Order.
ENTERED : May ,&, 2004.
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