KENTUCKY BAR ASSOCIATION V. PATRICK H . NOBLE, KBA MEMBER NO . 87354
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2004-SC-0317-KB
KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
V.
RESPONDENT
PATRICK H . NOBLE,
KBA MEMBER NO . 87354
OPINION AND ORDER
The respondent, Patrick H . Noble, whose bar roster address is 223 First Street,
Post Office Box 617, Henderson, Kentucky, 42419, was admitted to the practice of law
in this Commonwealth on October 16, 1998 . The present action arises from a
disciplinary proceeding regarding Noble's representation of a client in a bankruptcy
matter. In October of last year, this Court ordered that Noble be publicly reprimanded
for professional misconduct stemming from two separate bar complaints concerning his
representation of other clients in similar matters . See Kentucky Bar Ass'n v. Noble, Ky.,
118 S .W.3d 586 (2003) .
On June 13, 2003, Larry Heltsley retained Noble to file a bankruptcy petition, for
which he paid Noble $400.00 . Mr. Heltsley contacted Noble on several occasions by
both telephone and electronic mail inquiring about the status of his case . Mr. Heltsley
further reminded Noble about his case when he saw Noble at the local courthouse .
However, Noble never filed a bankruptcy petition on his client's behalf and otherwise
failed to sufficiently communicate with his client . Mr. Heltsley subsequently informed
Noble that he no longer desired Noble's legal representation and requested that Noble
return his case file and refund the $400 .00 fee. Noble, however, neither returned the
file nor refunded the fee .
On September 8, 2003, the Inquiry Commission of the Kentucky Bar Association
issued a five-count charge against Noble alleging the following : (1) violation of SCR
3.130-1 .3 for failing to diligently proceed with the client's bankruptcy matter; (2) violation
of SCR 3 .130-1 .4(a) for failing to adequately communicate with the client ; (3) violation of
SCR 3.130-1 .15(b) for failing to promptly refund the client his fee; (4) violation of SCR
3 .130-1 .16(d) for failing to advise the client that he would not be proceeding with the
representation, for abandoning the client, and for failing to refund the unearned fee; and
(5) violation of SCR 3.130-8 .1(b) for failing to respond to the bar complaint . Because
Noble failed to respond to the charge, the matter was submitted to the Board of
Governors as a default proceeding .
On April 14, 2004, by a unanimous vote, the Board found Noble guilty of all the
counts delineated in the charge issued by the Inquiry Commission . The Board now
recommends this Court find likewise and recommends that a 181-day suspension from
the practice of law be imposed against Noble. As the respondent has failed to file a
notice for review pursuant to SCR 3.370(8), we hereby adopt the Board's
recommendation .
It is therefore ORDERED that:
1.
The respondent, Patrick H . Noble, be, and hereby is, suspended from the
practice of law in this Commonwealth for a term of 181 days and shall continue
thereafter until the respondent is reinstated to the practice of law by order of this Court
pursuant to SCR 3 .510.
2.
Noble shall return his client's case file and refund the $400.00 fee to his client,
Mr. Heltsley .
3.
Pursuant to SCR 3 .390, Noble shall notify all of his clients and all courts in which
he has matters pending of his inability to practice law within ten days from the date of
entry of this Opinion and Order, and, furthermore, shall deliver copies of all such letters
of notice to the Director of the Kentucky Bar Association . Additionally, Noble shall
immediately, to the extent reasonably possible, cancel and cease any advertising
activities in which he is engaged .
4.
Pursuant to SCR 3.450, Noble is directed to pay all costs associated with this
action, said sum being $129.18, for which execution may issue from this Court upon
finality of this Opinion and Order.
All concur.
ENTERED: June 17, 2004 .
COUNSEL FOR MOVANT :
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
Linda Gosnell
Chief Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR RESPONDENT:
Patrick Herman Noble
223 First Street
P .O . Box 617
Henderson, KY 42419-0618
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