KENTUCKY BAR ASSOCIATION V. KEVIN LEE NESBITT
Annotate this Case
Download PDF
TO BE PUBLISHED
';WUyrrMr C~Vurf of
2006-SC-000057-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
KEVIN LEE NESBITT
RESPONDENT
OPINION AND ORDER
Respondent, Kevin Lee Nesbitt, KBA Member Number 51384, whose last
known bar roster address is P.O. Box 287, Danville, Kentucky 40423, moves this
Court to grant an extension of time in which to comply with the disciplinary action
ordered by this Court on April 20, 2006 . We so grant and enter such an order.
Pursuant to the recommendation of the Board of Governors (Board) of the
Kentucky Bar Association (KBA), this Court found Respondent guilty of five
violations of the Rules of Professional Conduct and ordered as follows:
1.
Respondent be publicly reprimanded ;
2.
Respondent obtain 25 hours of remedial education (12 .5 hours
regarding domestic relations issues and 12 .5 hours regarding
appellate practice and/or legal writing) by April 20, 2007 (one year
from the entry of the order) ; and
3.
Respondent pay all costs associated with the disciplinary
proceedings against him, in accordance with SCR 3.450.
On April 27, 2007, Respondent filed a motion to extend the deadline for
completing his remedial education to April 20, 2008 . In his motion, Respondent
stated that timely completion of the remedial education was made impossible by
the "devastating effect" of this Court's disciplinary action, as well as the difficulty
in finding educational programs covering the required topics. Respondent further
stated that a one-year extension would allow him sufficient time to comply with
this Court's order and obtain his remedial education .
In its response, the KBA stated that it has no objection to an amendment
of the previous order extending Respondent's time for completion of his remedial
education by one year . Respondent advised the KBA that he was hindered in
completing his remedial education due to the serious ramifications in his finances
and his legal practice resulting from the public reprimand . Although the KBA is
disappointed that Respondent was unable to timely complete the requirements
ordered by this Court, the KBA believes Respondent is currently able to obtain,
and better appreciate the importance of, his required education .
Because Respondent has in good faith moved this Court for an extension
of time and because the KBA has no objection to an extension of time for
Respondent to complete the required education, we utilize our discretion to grant
Respondent's motion for extension of time . It is therefore ORDERED THAT:
1.
Kevin Lee Nesbitt, KBA Member Number 51384, is granted one
additional year (up to, and including, April 20, 2008) in which to
complete the remedial education previously ordered by this court.
2.
Kevin Lee Nesbitt, KBA Member No . 51384, shall pay costs in the
amount of $1,452.45 to the Kentucky Bar Association, as required
by SCR 3.500(5).
All sitting . All concur.
ENTERED: June 21, 2007
2006-SC-0057-KB
KENTUCKY BAR ASSOCIATION
V.
_
MOVANT
IN SUPREME COURT
KEVIN LEE NESBITT
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has recommended that
the Court find Respondent, Kevin Lee Nesbitt--who was admitted to the practice of law
in Kentucky on November 1, 1983, whose Bar Roster Address is P.O. Box 287,
Danville, Kentucky 40423, and whose KBA Member Number is 51384-guilty of
violating SCR 3.130-1 .3 (failure to be reasonably diligent), SCR 3 .130-1 .1 (failure to
provide competent representation), SCR 3 .130-3 .4(c) (disobeying the rules of a
tribunal), SCR 3 .130-1 .4(a) (failure to keep the client reasonably informed), SCR 3.1301 .4(b) (failure to explain a matter to the client), and SCR 3 .130-1 .16(d) (failure to
surrender papers and property to the client) . The Board has recommended that Nesbitt
receive a public reprimand for the violations; that he undergo remedial education
regarding domestic relations law, legal writing, and appellate practice ; and that the costs
of this action be assessed against him.
The five counts in the Complaint against Nesbitt arose out of his representation
of Lynn Trayner in a divorce proceeding in Boyle County . Nesbitt represented Trayner
for approximately four years in the Boyle Circuit Court. Once the matter was concluded,
Trayner filed an appeal with the Kentucky Court of Appeals. During the course of the
appeal, Nesbitt failed to file a brief with the court and further failed to notify Trayner that
the brief had not been filed . The Court of Appeals decided the case on the merits,
reversing as to one issue-maintenance .
On remand to the trial court, Nesbitt and opposing counsel appeared to obtain a
hearing date . Nesbitt subsequently failed to inform Trayner that the case had been
reversed, or that a hearing had been scheduled until immediately prior to the hearing.
Nesbitt did not prepare Trayner for the hearing . At the conclusion of the hearing, the
trial court ordered that Trayner pay back maintenance and future maintenance until age
65, at which time the matter would be reviewed .
Following this adverse decision, Trayner sought the services of another attorney.
Trayner's new attorney prepared an Agreed Order Substituting Counsel, which Nesbitt
signed, but when substitute counsel asked for Trayner's client file from Nesbitt, Nesbitt
failed to send it. We note that Trayner never personally informed Nesbitt of the change
in representation, and never personally requested his file, choosing instead to
communicate with Nesbitt via his new attorney .
The Complaint giving rise to this matter was then filed with the KBA. The KBA
filed a Charge, File No . 11399, against Nesbitt alleging five counts of violations of the
Rules of Professional Conduct. Specifically, Nesbitt was charged with violating SCR
3 .130-1 .3 (failure to be reasonably diligent), SCR 3 .130-1 .1 (failure to provide
competent representation), SCR 3.130-3 .4(c) (disobeying the rules of a tribunal), SCR
3.130-1 .4(a) (failure to keep the client reasonably informed), SCR 3.130-1 .4(b) (failure
to explain a matter to the client), and SCR 3.130-1 .16(d) (failure to surrender papers
and property to the client). Nesbitt was served with a copy of the Charge by certified
mail, return receipt requested, thus he was properly before the Board.
An evidentiary hearing on the issue of discipline was held before a duly
appointed Trial Commissioner on May 23, 2005. The KBA presented two witnesses
and documentary evidence in support of the Charge. Nesbitt appeared pro se at the
hearing . He testified on his own behalf, but offered no other evidence. The Trial
Commissioner filed a Report pursuant to SCR 3.360 on July 29, 2005. In the Report,
the Trial Commissioner found that Nesbitt had violated SCR 3.130-1 .3, SCR 3.130-1 .1,
SCR 3.130-3 .4(c), SCR 3.130-1 .4(a), SCR 3.130-1 .4(b), and SCR 3.130-1 .16(d), and
recommended that he be publicly reprimanded .
The matter was then referred to the Board of Governors . The Board found
Nesbitt guilty of all five counts. The vote as to the first four counts was unanimous, but
the vote as to the fifth count-the violation of SCR 3.130-1 .15(d) for failure to surrender
the client's papers--was 14 guilty and 7 not guilty.
In deciding the level of sanction to impose, the Board considered the following
similar prior cases: Eblen v. Kentucky Bar Association , 999 S.W .2d 715 (Ky. 1999)
(imposing a public reprimand for failing to timely inform clients that their claims were
dismissed and failing to inform them of the decision not to pursue an appeal) ; MoloneY
v. Kentucky Bar Association , 152 S .W.3d 866 (Ky. 2005) (imposing a public reprimand
for attorney's failure to prosecute appeal, which resulted in dismissal, and
misrepresentation to client that the appeal was still ongoing) ; Kentucky Bar Association
v. Edwards , 123 S.W.3d 912 (Ky. 2004) (imposing a public reprimand and remedial
ethics education for failure to act with reasonable diligence in a personal injury case,
failure to keep client reasonably informed, and failure to turn over client's file). The
Board also considered the American Bar Assocation's Standards for Imposing Lawyer
Sanctions.
The Board then voted on the appropriate discipline . Four members of the Board
voted for a thirty day suspension and remedial education. Two voted for a public
reprimand . A majority of the Boardfifteen members--voted to recommend that
Nesbitt be publicly reprimanded, be ordered to obtain within one year 12 .5 live remedial
education hours on domestic relations issues, including maintenance, and 12 .5
remedial education hours concerning appellate practice and/or legal writing, with said
education to be approved in advance by the Office of Bar Counsel and said education
not to be credited as part of any continuing legal education requirements.
The Board then filed a recommendation that Nesbitt be found guilty of the counts
in Kentucky Bar Association File No. 11399 and recommending that Nesbitt be
disciplined in accordance with its votes. Nesbitt failed to timely file a notice for this
Court to review the Board's decision, and we do not elect to review the decision of the
Board of Governors pursuant to SCR 3.370(8) . Wherefore, the decision of the Board of
Governors is hereby adopted pursuant to SCR 3 .370(10) .
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
(1)
Nesbitt is publicly reprimanded ;
(2)
Nesbitt is required within one year to obtain 12 .5 remedial education hours
regarding domestic relations issues, including maintenance, and 12.5 remedial
education hours concerning appellate practice and/or legal writing, to be approved in
advance by the Office of Bar Counsel, and for which he will not receive credit from the
CLE Commission ; and
(3)
In accordance with SCR 3.450, Nesbitt shall pay all costs associated with
these disciplinary proceedings against him, said sum being $'1452 .45, and for which
execution may issue from this Court upon finality of this Opinion and Order .
All concur.
Entered : April 20, 2006.
COUNSEL FOR MOVANT :
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Linda Gosnell
Chief Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Dana Cox Nickles
Kentucky Bar Association
Deputy Bar Counsel
514 West Main Street
Frankfort, Kentucky 40601
RESPONDENT:
Kevin Lee Nesbitt
PO Box 287
Danville, Kentucky 40423
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.