KENTUCKY BAR ASSOCIATION V. SALLY J. HERALD
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KENTUCKY BAR ASSOCIATION
V.
TO BE PUBLISHED
MOVANT
IN SUPREME COURT
SALLY J . HERALD
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association recommends that Sally J. Herald's license
to practice law in the Commonwealth of Kentucky be suspended for 181 days. Herald,
KBA Member No. 83220, whose bar roster address is 2360 Licking Pike, Cold Spring,
Kentucky 41076, was admitted to practice law in this Commonwealth on November 3,
1989 .
In November and December of 2005, the Inquiry Commission issued
charges against Herald in three separate cases. Herald was properly served in each
case but made no response. Thus the matters were submitted as default cases to the
Board of Governors, whereupon all violations were combined for the purpose of
establishing the proper discipline .
The first case arose from Herald's representation of Sally Combs. Herald
filed a breach of contract suit on Combs' behalf and obtained a default judgment in
Combs' favor. However, Herald made no attempt to collect on the judgment, nor did
she inform Combs that the judgment had been obtained . After Herald's telephone was
disconnected, she did not notify Combs of new contact information . More than a year
after the default judgment was rendered, the judgment debtor filed for bankruptcy . The
Board of Governors found that Herald's conduct violated SCR 3.130-1 .3 which requires
diligent action in representing a client; SCR 3.130-1 .4(a) and (b) which require prompt
compliance with client requests for information as well as providing explanations which
sufficiently provide the client with a basis to make informed decisions ; and SCR 3.1308.1(b) which prohibits a knowing disregard of a request for information by a disciplinary
authority.
Additional violations stemmed from Herald's representation of John Kelley
in a negligence action against a hospital. Herald filed the action but the defendant
hospital obtained a summary judgment. Herald timely filed a notice of appeal, but took
no further action. Upon the hospital's motion to dismiss the appeal, the Court of
Appeals issued a show cause order to Herald demanding a response or a $100.00 fine
in lieu of a response. Herald did neither . The hospital filed a second motion to dismiss
which the Court of Appeals granted . Further, the Court of Appeals entered an order
which directed Herald to pay a $100 .00 fine within ten days and to send a copy of the
order to Kelley via certified mail. She paid the fine, but payment was beyond the tenday time limit. Herald admitted that she did not send Kelley a copy of the order
imposing a fine by certified mail as required by the Court of Appeals, but asserted that
she did send a copy to him by regular mail.
The Court of Appeals also ordered Herald to appear and elaborate on
"certain matters" regarding her practice of the case, but she failed to appear at the
scheduled hearing . The Court of Appeals issued another order substantially similar to
its previous order with the additional warning that failure to respond would result in
contempt and the imposition of additional sanctions. Herald did appear in response to
this second order and, from that hearing, the Court of Appeals referred the matter to the
Inquiry Commission and "strongly encouraged Attorney Herald during oral arguments to
contact the Kentucky Lawyer Assistance Program (KYLAP) ."
Upon these events, the Board of Governors found Herald guilty under
SCR 3.130-1 .3 which requires diligent representation and SCR 3.130-8 .1(b) which
requires a response to a request from a disciplinary committee . Herald was also found
guilty under SCR 3 .130-3 .4(c) which prohibits intentionally or knowingly disobeying an
obligation under the rules of a tribunal .
Finally, other violations originated from Herald's representation of Joyce
Neal in a Social Security disability claim . After the claim had been pending for some
time, Neal contacted Herald and requested that she obtain a new hearing date . Herald
did not comply and subsequent attempts by Neal to contact Herald were unsuccessful .
The incommunicado period extended from December 2004 until March 2005 .
Meanwhile, Herald's telephone was disconnected and she failed to provide Neal with
new contact information . Finally, Herald never returned Neal's client file to her. Based
on this conduct, the Board of Governors found that Herald violated SCR 3.130-1 .4(a) for
failure to keep Neal reasonably informed, SCR 3.130-1 .16(d) for failure to protect Neal's
interests upon termination of representation, and SCR 3.130-8 .1(b) for failure to
respond to a request for information by a disciplinary authority.
Upon the foregoing, IT IS ORDERED that:
(1) Sally J . Herald is hereby suspended from the practice of law in the
Commonwealth of Kentucky for a period of one-hundred-eighty-one (181) days,
effective from the date of this order. Should Herald, thereafter, seek to have her license
restored, she must be processed by the Character and Fitness Committee . Further, the
Character and Fitness Committee will have an opportunity, should it be appropriate, to
impose any requirements regarding the Kentucky Lawyer's Assistance Program
(KYLAP) prior to restoration .
(2) Pursuant to SCR 3.390, Herald is ordered to send letters within ten
days of this Order to all Courts in which she has matters pending and all clients for
whom she is actively involved in litigation notifying them of her inability to continue to
represent them, advise them of the necessity and urgency of promptly retaining new
counsel, simultaneously provide a copy to the Director of the KBA, and cease
advertising activities.
(3) In accordance with SCR 3.450, Herald is ordered to pay all costs
associated with these disciplinary proceedings, said sum being $957 .85, and for which
execution may issue from this Court upon finality of this Opinion and Order.
All concur.
ENTERED : October 19, 2006.
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