SHERIDAN MARTIN V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
6*ttpreme Caurf of
2007-SC-000095-KB
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SHERIDAN MARTIN
V.
MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Movant, Sheridan Martin (KBA Member No. 84699), pursuant to SCR 3.480(2),
moves this Court to enter an Order suspending his license to practice law in the
Commonwealth of Kentucky for thirty (30) days subject to the conditions set forth below.
Movant was admitted to the practice of law in May of 1993, and maintains a Bar Roster
Address of P.O. Box 777, 5 Court Street, Allen, Kentucky 41601 . The Kentucky Bar
Association (KBA), in response to the Movant's Verified Motion for Consensual
Discipline, states that it has no objection to the motion. For the foregoing reasons, the
motion is granted.
The charge concerns the February 2001, legal representation solicitation by
Movant of Girdle Moore and Gloria Salisbury, persons who were injured in a motor
vehicle accident. On February 21, 2001, Mr. Moore was a passenger in a motor vehicle
being driven by his daughter, Ms. Salisbury, when the parties were involved in the
accident . Both sustained injuries, but Mr. Moore's injuries were more serious than
those sustained by Ms. Salisbury . At the time of the accident, Mr. Moore and Ms.
Salisbury were in their 80's and 60's respectively, and resided at the same address.
After the accident, Movant was advised that Mr. Moore and Ms. Salisbury were in
different hospitals, and he went to the hospitals to meet separately with them. At the
time of these meetings, Movant contends that he mistakenly believed that his contact
with the two parties was appropriate . However, Movant now admits that his conduct
was violative of the in-person solicitation provisions of SCR 3.130-7 .9(1) .
For a number of years before the February 2001, motor vehicle accident,
members of the Movant's family, other than Movant, and the Moore/Salibury families
had socialized together. Movant understood that there was a very remote family
connection between his family tree and the Moore/Salisbury family tree . That
understanding of Movant was later supported by a State Farm Claims Adjuster, Kevin
Mullins, who provided an affidavit to Movant in September 2001, when the issue of his
solicitation of Mr. Moore and Ms. Salisbury was first raised by successor counsel . Mr.
Mullins stated in his affidavit that Ms. Salisbury's son and live-in girlfriend had made
some mention of the Moore/Salisbury family being related in some way to Movant.
After being retained by Mr. Moore and Ms. Salisbury, Movant made contact with
the respective insurance companies, obtained necessary medical records and
information, and took other action typically pursued in a personal injury claim on behalf
of an injured client.
Later in 2001, after Movant had performed a significant amount of work on behalf
of Mr. Moore and Ms. Salisbury, they retained different counsel to represent them
concerning their personal injury claim and terminated Movant. The allegation that
Movant had improperly solicited Mr. Moore and Ms. Salisbury as clients did not arise
until after they retained new counsel . The issue of Movant's attorney's fee, and the
defenses asserted against that claim, were litigated in the Floyd Circuit Court .
Eventually, an agreed resolution by way of an agreed order was reached in
which the $7,272.20 attorney's fee was divided between Movant and the clients'
successor counsel . Under the agreed disposition, Movant was allocated $2,800.00,
with the balance going to the successor attorney . Movant had retained separate
counsel to represent him in the Floyd Circuit Court proceeding concerning his fee . The
recovery which Movant made pursuant to that agreed resolution was turned over and
paid to his retained separate counsel as the fee for representing Movant in the matter.
Movant did not personally recover and retain any fee regarding the personal injury
claim .
SCR 3.130-7.09(1) provides that a lawyer may not directly, or indirectly through
another person, solicit professional employment from a prospective client with whom the
lawyer has no family or direct prior professional relationship . Movant acknowledges that
his initial contacts with Mr. Moore and Ms. Salisbury were violative of this rule. Movant
requests that this disciplinary proceeding be resolved on the following terms and
conditions :
1 . Thirty (30) day suspension from the practice of, law to run concurrent
with two suspensions already imposed by this Court in KBA File Nos.
7839 and 10898.
2. The monetary recovery made by Movant by agreed order in the civil
suit concerning his attorney's fees, which was paid to his retained
counsel in that civil suit, would not be subject to disgorgement
pursuant to SCR 3.130-7 .10 .
After reviewing the facts and the relevant case law, the KBA submits that the
appropriate discipline in this matter is a thirty (30) day suspension, to run concurrently
with the two year suspension imposed by the Court in Kentucky Bar Association v.
Sheridan Martin , 2006-SC-0353-KB, on November 22, 2006. This existing two year
suspension arose from two other charges, and those charges will require an evaluation
by the Character and Fitness Committee as such time as Movant seeks reinstatement .
Having considered the record as a whole, and the recommendation of the KBA,
the Verified Motion for Consensual Discipline is hereby GRANTED. Therefore it is
ORDERED that:
1.
Movant will be suspended for thirty (30) days from the practice
of law, which will run concurrent with his prior two year
suspension .
2.
The monetary recovery made by Movant in the civil suit
concerning his attorney's fees shall not be subject to
disgorgement pursuant to SCR 3.130-7 .10 .
In accordance with SCR 3.150(1), Movant is directed to pay all
costs associated with these proceedings in the amount of
$14 .17, for which execution may issue from this Court upon
finality of this order .
All concur.
ENTERED : February 22, 2007.
COUNSEL FOR MOVANT:
Peter L. Ostermiller
Kentucky Home Life Building
239 South Fifth Street, Suite 1800
Louisville, KY 40202
COUNSEL FOR RESPONDENT:
Bruce K. Davis, Executive Director
Robbie Owen Clements, Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
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