JOHN H . CALLIS V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
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2004-SC-0659-KB
JOHN H. CALLIS
MOVANT
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) charged Movant, John H . Callis, with
a violation of SCR 3 .130-4 .2 for improper contact with a defendant's agent without
informing the employer. Callis moves this Court to sanction him by Public Reprimand .
The KBA agrees, and we so order.
Callis was admitted to the practice of law on November 7, 1984, and
maintains a bar roster address at 193 East Court Street, Prestonsburg, Kentucky.
Callis does not dispute that he violated the Rules of Professional Conduct as charged in
KBA File 10486.
In March of 2003, while representing a client in a worker's compensation
claim, Callis took a deposition at the defendant-employer's facility . The deponent was
the defendant-employer's business office manager. After the deposition and after the
defendant-employer had left, Callis returned to the facility and spoke with the Director of
Nursing . He asked the Director of Nursing questions about three nurses who had been
mentioned by the Director of Nursing. He inquired whether the three nurses had said
anything to the deponent about his client, or about performing an examination of his
client .
The administrative law judge in the underlying worker's claim disqualified
Callis as the attorney because the communication between Callis and the Director of
Nursing -- an employee of the defendant-employer -- was conducted without the
employer being present. SCR 3.130-4 .2 provides that "in representing a client, a lawyer
shall not communicate about the subject of the representation with a party the lawyer
knows to be represented by another lawyer in the matter, unless the lawyer has the
consent of the other lawyer or is authorized by law to do so ." Callis fully acknowledges
that he violated SCR 3.130-4 .2.'
Upon the foregoing charge and facts, it is ordered that the Movant's
Motion for Public Reprimand be granted . Therefore, it is ORDERED that:
1 . Movant, John H . Callis, is hereby publicly reprimanded for violating
SCR 3 .130-4 .2.
2. In accordance with SCR 3.450, Callis is directed to pay all costs
associated with these disciplinary proceedings in the amount of $8 .15, for which
execution may issue from this Court upon finality of this Opinion and Order.
All concur.
ENTERED : September 23, 2004 .
' See Shoney's Inc. v. Lewis, Ky ., 875 S .W .2d 514 (1994).
2
COUNSEL FOR MOVANT :
Clyde F. Johnson
KIRK LAW FIRM
193 East Court Street
Prestonsburg, KY 41653
COUNSEL FOR RESPONDENT:
Bruce K. Davis, Executive Director
Jay R. Garrett
Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
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