KENTUCKY BAR ASSOCIATION V. NANCY E. SHELBY CALLOWAY
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TO BE PUBLISHED
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2005-SC-0563-KB
KENTUCKY BAR ASSOCIATION
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MOVANT
IN SUPREME COURT
NANCY E. SHELBY GALLOWAY
RESPONDENT
OPINION AND ORDER
Respondent, Nancy E . Shelby Galloway, whose last known bar roster address is
221 South Second Street, Clarksville, Tennessee, was admitted to the practice of law in
the Commonwealth of Kentucky in 1980 . On May 6, 2005, the Board of Professional
Responsibility of the Supreme Court of Tennessee entered an order publicly censuring
Galloway. Upon motion by the Kentucky Bar Association (KBA), this Court issued a
show cause order on September 22, 2005, directing Galloway to show cause, if any,
pursuant to SCR 3 .435(2)(b) why the imposition of identical discipline would be
unwarranted . SCR 3 .435(4) states in pertinent part: "[T]his Court shall impose the
identical discipline unless Respondent proves by substantial evidence : (a) a lack of
jurisdiction or fraud in the out-of-state disciplinary proceeding, or (b) that misconduct
established warrants substantially different discipline in this State ." Galloway did not
respond to this Court's Order and thus failed to show cause why identical discipline
should not be imposed in this Commonwealth .
The Tennessee public censure charged that Calloway failed to adequately
communicate with her client, resulting in the client retaining another attorney to
complete the legal matter . Further, after Calloway and the client could not agree on the
amount of money to be refunded, Calloway failed to timely resolve the issue with the
Nashville Bar Association's Fee Dispute Committee . The Tennessee Board of
Professional Responsibility concluded that Calloway's action violated Rules 1 .1, 1 .3,
1 .4, 1 .5, and 8.4(a)(d) of the Tennessee Rules of Professional Conduct .
Similarly, Calloway's conduct violated SCR 3.130-1 .1, SCR 3 .130-1 .3, SCR
3.130-1 .4, SCR 3 .130-1 .5, SCR 3.130-8 .3(a), SCR 3 .130-3 .4, and SCR 3.130-3 .5 of
the Kentucky Rules of Professional Conduct . Since Calloway failed to show cause why
identical discipline should not be imposed in this Commonwealth, Nancy E . Shelby
Calloway is hereby publicly reprimanded for her misconduct as set forth above.
Calloway is further ordered to pay any and all costs associated with this disciplinary
proceeding pursuant to SCR 3 .450, for which execution may issue from this Court upon
finality of this Opinion and Order.
All concur.
Entered : December 22, 2005 .
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