BENJAMIN C. HALL V. KENTUCKY BAR ASSOCIATION
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MOVANT
KENTUCKY BAR ASSOCIATION
V.
IN SUPREME COURT
RESPONDENT
BENJAMIN C . HALL
AND
2005-SC-000591-KB
BENJAMIN C . HALL
MOVANT
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Benjamin C. Hall moves this court to impose discipline for violations
arising out of eight separate cases . The Kentucky Bar Association (KBA) has no
objection to his motion .
Hall, who was admitted to practice law on October 17, 1991, was
suspended for noncompliance with continuing legal education requirements (CLE) in
2004 and was also suspended for 181 days in 2005, for a disciplinary violation . Hall's
bar roster address is P.O. Box 2455, Pikeville, Kentucky 41502 and his KBA member
number is 84165 .
The KBA concluded that the appropriate discipline for all violations is a
five year suspension, with conditions as to all matters . Hall requests that we grant his
motion, encompassing these terms .
The subject violations arose from four bankruptcy cases, two probate
matters, and two domestic relations cases . Specifically, Hall accepted $600.00 from
Ms. Zella Epling to file her bankruptcy petition, but failed to file it timely. He also failed
to return Ms. Epling's phone calls. Eventually, he informed her that her petition had
been filed, but he did not actually file it until over a month after he so informed her.
Additionally, Hall asked Ms. Epling to produce her 2002 tax return, but failed to explain
that the refund could be forfeited to the bankruptcy court. Finally, Hall failed to respond
to the KBA's request for information, stemming from a complaint that Ms. Epling filed in
connection with this matter . Hall admits that his lack of diligence, failure to
communicate, misrepresentation to Ms. Epling of the status of her case, and his failure
to respond to the KBA complaint, constituted violations of SCR 3.130-1 .3, 1 .4(a) and
(b), 8.3(c) and 8 .1(b), respectively .
Similarly, Hall failed to file a bankruptcy petition for Ms. Jean Click after
she had paid him $850 .00 to do so. Instead, he informed her that he "was having
problems" and would not be able to return her money. She filed a complaint through
the KBA, to which Hall did not respond . Hall admits that he violated SCR 3.130-13,
1 .15(b), 1 .16(d), 8.3(c), and 8 .1 .(b) by failing to use diligence in filing the petition, failing
to return the unearned fee of $850.00, and failing to respond to a lawful demand for
information from a disciplinary authority.
When Mr. and Mrs. William Harmon paid Hall $800.00 to file a bankruptcy
petition, he did not file it until approximately six months later. However, Hall did file it
and obtained an order of discharge for the Harmons. Subsequently, the bankruptcy
trustee moved to revoke the discharge because of Hall's noncompliance with a court
order requiring the Harmons to produce two deeds, an appraisal of property, and the
payoff on a mortgage . When Ms. Harmon produced the documents to Hall, he assured
her that he would take care of the matter. Nonetheless, he failed to do so and the
trustee's motion to revoke the discharge was granted. As a result, the Harmons had to
pay another attorney $400 .00 to reopen the bankruptcy . The KBA requested
information from Hall regarding his representation of the Harmons after Ms . Harmon
filed a complaint . Hall did not respond . Hall concedes that his six-month delay in filing,
failure to competently represent the Harmons by producing the necessary documents,
failure to abide by a court order which required the production of the same documents,
and his failure to respond to a lawful demand for information from a disciplinary
authority, constitute violations of SCR 3.130-1 .3, 1 .1, 3.4(c), and 8 .1(b) .
Ms . Angeline Clevenger paid Hall a $500.00 retainer fee to represent her
in a bankruptcy proceeding . When Hall failed to file the necessary paperwork in
preparation for a hearing, the Bankruptcy Court gave Hall an additional ten days to do
so. Hall assured Ms . Clevenger that he would handle the matter. Afterward, when she
attempted to learn the status of her case, she discovered that Hall's phone had been
disconnected. She subsequently received an order dismissing her bankruptcy petition
because she had failed to produce the documents previously ordered by the court .
Although the court did set aside the order of dismissal, it did so as a result of Ms .
Clevenger's pro se motion . Additionally, the bankruptcy trustee prevailed on a motion
to disgorge the $500 .00 in attorney fees that Ms. Clevenger paid to Hall . Hall admits
that he violated SCR 3.130-1 .3, which requires diligence and promptness in client
representation, when he failed to provide the trustee with the proper documents and
failed to appear in court on a dismissal motion. He also admits that his failure to keep
Ms. Clevenger informed of the status of her case violated SCR 3.130-1 .4(a) . Hall
concedes that his failure to properly prepare for the hearing and file the necessary
paperwork constituted a violation of SCR 3 .130-1 .1, which requires competent
representation .
Hall failed to take any action after Ms. Floetta Coleman paid him $300 .00
to handle a child support case on behalf of her son, who was in prison . When Ms .
Coleman contacted Hall to inquire about the status of the case, Hall assured her that he
would take care of it the following week. Subsequently, Ms . Coleman was unable to
reach Hall because both his home phone and office phone had been disconnected .
Furthermore, Hall failed to respond to Ms . Coleman's bar complaint when the KBA sent
it to him. Hall admits that his failure to take any action on her case violated the
diligence required by SCR 3.130-1 .3. SCR 3.130-1 .15(b) was also violated when he
failed to return the unearned fee to Ms . Coleman . Further, he admits to violating SCR
3.130-1 .16(d) by abandoning his law practice without notifying Ms . Coleman that he
was terminating the attorney/client relationship and by failing to return the unearned
fee . Failure to return the unearned fee also constitutes a violation of SCR 3 .1301 .15(b) which requires prompt delivery of funds or property to which the client is
entitled. Hall confesses a violation of SCR 3.130-8 .3(c) for reassuring Ms . Coleman
that he would take care of her case and then, in fact, doing nothing . And, finally, his
failure to respond to the KBA's demand for information violated SCR 3.130-8 .1(b).
Ms. Barbara Rogers paid Hall $500 .00 to represent her son, who was
incarcerated, in a divorce case . Thereafter, Hall contacted neither Ms. Rogers nor her
son, and Hall did not appear when the case was heard . Hall admits that his failure to
contact his client violated his duty of communication under SCR 3.130-1 .4(a) and (b),
and that his failure to appear at the hearing violated his duty to diligently and promptly
represent his client, pursuant to SCR 3 .130-1 .3. He further violated SCR 3 .130-1 .15(b)
and SCR 3 .130-1 .16(d) by failing to return Ms. Rogers' fee, which he had not earned.
He also admits that his retention of the fee even though he did not meet with the client
or appear at the hearing constitutes a violation of SCR 3.130-8 .3(c) which prohibits
conduct involving dishonesty, fraud, deceit, or misrepresentation . These actions also
violated SCR 3 .130-1 .16(d) which mandates that an attorney take steps to protect a
client's interest after the attorney/client relationship terminates . Hall's failure to respond
to the KBA's demand for information regarding Ms . Rogers' representation violated
SCR 3 .130-8 .1(b).
Ms . Deborah Depietro paid Hall $750.00 to represent the estate of her
aunt, Jetty May. However, Hall failed to return her phone call inquiries regarding the
status of the case . Hall made a court appearance with Ms. Depietro, but did not file the
petition to probate the will and appoint an administrator until nearly a month later. Hall
also failed to prepare two quit claim deeds, for which Ms . Depietro paid him an
additional $200.00 . Hall abandoned his law office without informing Ms. Depietro, and
did not return the unearned fee . He failed to respond to the KBA's request for
information upon Ms. Depietro's filing a bar complaint. Hall concedes that he violated
SCR 3.130-1 .3 by failing to complete the administration of the estate and by failing to
prepare the deeds. He admits that he violated SCR 3.130-1 .4(a) when he failed to
return his client's calls . His failure to return the unearned fee violated SCR 3.1301 .16(d) as well as SCR 3 .130-1 .15(b), and finally, his failure to respond to the KBA's
demand violated SCR 3.130-8 .1(b) .
Lastly, Ms. Addie Grover engaged Hall in a probate matter. Ms . Grover's
portion of her brother's estate was $5,503 .93 . When a cashier's check in that amount
was issued, made payable to Ms. Grover, Hall cashed the check, but failed to remit Ms .
Grover's portion to her until after Hall was charged by the Inquiry Commission . Hall
also received the title to a vehicle that was to be turned over to Ms. Grover, but failed to
do so. Therefore, Hall admits to violating SCR 3.130-1 .3 as well as SCR 3 .130-1 .15(b),
when he failed to promptly remit the funds to Ms . Grover and when he failed to give her
title to the vehicle, to which she was entitled.
Hall admits that he has a substance abuse problem and avers that this
problem led to and contributed to all of these ethical violations . We grant Hall's motion
and impose the requested discipline.
ACCORDINGLY IT IS HEREBY ORDERED :
(1) Benjamin C . Hall is suspended from the practice of law in the
Commonwealth of Kentucky for five years with conditions as to all matters as follows :
Benjamin C . Hall shall refrain from alcohol or drug use and shall
participate in the KYLAP program and monitoring as stated in the Supervision
Agreement .
Benjamin C. Hall shall pay back all unearned fees to his clients, plus
interest at 12% per annum from the date of this Order until paid . The clients and
amount of unearned fees are as follows :
Ethel Salisbury, $850.00; Loretta Harmon, $700.00; Pam Nichols,
$850 .00; Joann Jackson, $850.00; Zella M. Epling, $600.00, Jean Click, $850 .00;
Floetta Coleman, $300.00; Barbara Harmon, $800.00; Barbara Rogers, $500.00 ;
Deborah Depietro, $950 .00 ; Angeline Clevenger, $500.00.
If the Client's Security Fund makes any payments as a result of claims
filed by Hall's clients, he shall reimburse the Fund .
(2) If Hall fails to comply with any of these disciplinary terms during the
five year period after this Order, the KBA Office of Bar Counsel may request an order of
permanent disbarment .
(3) Hall shall pay all costs associated with these disciplinary proceedings
in the sum of $574 .45, for which execution may issue from this Court upon finality of
this Opinion and Order .
All concur.
ENTERED: October 20, 2005.
COUNSEL FOR KENTUCKY BAR ASSOCIATION :
Bruce K . Davis, Executive Director
Jay R. Garrett, Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR BENJAMIN C. HALL :
Benjamin C . Hall
P .O. Box 2455
Pikeville, Kentucky 41502
David C. Stratton
111 Pike Street
P . O . Box 1530
Pikeville, KY 41502-1530
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