KARI M. MORTON V. KENTUCKY BAR ASSOCIATION
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2007-SC-000407-KB
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KARI M. MORTON
MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
The Movant, Kari M . Morton, KBA Member No. 88294, 21 North Main
Street, Madisonville, KY 42431, moves this Court to find her guilty as charged by
the Inquiry Commission in KBA Files 13106 and 13194 . Movant requests this
Court to enter a thirty (30) day suspension from the practice of law for her
conduct and to order repayment of an unearned fee totaling $361 .00 within ten
(10) days of entry of the Court's Order. The Kentucky Bar Association (KBA) has
no objection . We so find and enter such orders.
I . KBA File 13106
Movant was properly served with the complaint by the Inquiry
Commission on October 13, 2005 . The complaint alleged that Movant violated
SCR 3.130-1 .3 (a lawyer shall act with reasonable diligence in representing a
client), SCR 3.130-1 .16(d) (upon termination of representation, a lawyer shall
take steps to the extent reasonably practicable to protect a client's interests),
SCR 3.130-3 .4(c) (a lawyer shall not knowingly or intentionally disobey an
obligation under the rules of a tribunal, except for an open refusal based on an
assertion that no valid obligation exists), SCR 3.130-4.4 (in representing a client,
a lawyer shall not knowingly use means that have no substantial purpose other
than to embarrass, delay, or burden a third person), SCR 3.130-5 .5(a) (a lawyer
shall not practice law in a jurisdiction where doing so violates the regulation of
the legal profession in that jurisdiction), and SCR 3.130-8 .1(b) (a lawyer shall not
knowingly fail to respond to a lawful demand for information from a disciplinary
authority) .
These charges stemmed from Movant's representation of Lorenza Delbert
Estes III in a matter before the Court of Appeals . On October 14, 2004, at a prehearing conference, the case was settled and Movant was to prepare the Agreed
Order resolving all issues and a Joint Motion to dismiss the appeal. Movant
failed to prepare either document and the appeal proceeded . On or about
January 13, 2005, an attorney for the plaintiff called and left a message for
Movant regarding the case. Movant failed to return the phone call.
On January 12, 2005, Movant was suspended from ,the practice of law for
falling fifteen (15) minutes short of her yearly Continuing Legal Education
requirements . The suspension required Movant to notify her clients by letter of
her inability to continue to represent them and that they should retain new
counsel. Movant failed to comply as she never notified her clients in writing .
Further, in a letter of response to the Office of Bar Counsel on June 30,
2005, Movant used letterhead that read "Kari M . Morton, Attorney at Law, 19
North Main Street, Madisonville, Kentucky 42431 ." In that letter, Movant wrote
that she was currently representing less than ten (10) clients . At the time the
letter was sent, Movant's license to practice law was still suspended . On July 26,
2005, the Office of Bar Counsel responded with a letter asking why Movant had
not complied with the terms of suspension, why she was continuing to hold
herself out as an attorney, and why she stated she was currently representing
clients . Movant failed to respond. The Office of Bar Counsel sent another letter
on August 8, 2005, and Movant again failed to respond. After failing to respond
to the Inquiry Commission Complaint served on October 13, 2005, a reminder
letter was served via certified mail on November 12, 2005 . Movant never filed a
response to the complaint. A six-count charge was issued against Movant March
3, 2006.
11. KBA File 13194
Movant was properly served with an Application for Relief under the
Client's Security Fund, which was processed as a bar complaint and instigated
by Kristie M. Powell on October 7, 2005. The complaint alleged that Movant
violated SCR 3.130-1 .4(b)
(a lawyer shall explain a matter to the extent
reasonably necessary to permit the client to make informed decisions regarding
the representation), SCR 3.130-1 .16(d) (upon termination of representation, a
lawyer shall take steps to the extent reasonably practicable to protect a client's
interests), SCR 3.130-3 .4(c) (a lawyer shall not knowingly or intentionally disobey
an obligation under the rules of a tribunal, except for an open refusal based on
an assertion that no valid obligation exists), SCR 3.130-5 .5(a) (a lawyer shall not
practice law in a jurisdiction where doing so violates the regulation of the legal
profession in that jurisdiction), SCR 3.130-8 .3(b) (it is professional misconduct for
a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty,
trustworthiness, or fitness as a lawyer in other respects), SCR 3.130-8 .3(c) (it is
professional misconduct for a lawyer to engage in conduct involving dishonesty,
fraud, deceit or misrepresentation), and SCR 3 .130-8 .1(b) (a lawyer shall not
knowingly fail to respond to a lawful demand for information from a disciplinary
authority).
These charges stemmed from Movant representing Powell in an
uncontested divorce starting in November 2003. The total fee for the services
was to be $561 .00 - $200.00 was to be paid upfront and the remaining $361 .00
was to be paid once the Petition for Dissolution of Marriage was signed. In
January 2004, Powell was informed by Movant that Powell's pregnancy changed
the status of her divorce and Movant advised Powell to wait until the child was
born to proceed .
In March 2005, Powell returned to Movant's office and paid the remaining
balance of $361 .00 . Movant then informed her that the matter would be
completed in thirty (30) days. In April 2005, Powell learned that Movant was
suspended from the practice of law and that her divorce had not been filed . At
the time, Movant was still suspended for the failure to complete she filed this
Continuing Legal Education requirements . Movant never told Powell that she
was suspended . Further, Movant never responded to the complaint until her
Motion for Suspension from the Practice of Law.
In her motion before this Court, Movant admits violating the Rules of
Professional Conduct as set forth in both files. In response to the Movant's
motion, the KBA states that it has no objection to this matter being resolved with
the discipline requested by Movant. The KBA compares this case with Wright v.
Kentucky Bar Association , 159 S .W.3d 858 (Ky. 2005), where an attorney
continued to practice law after a notice of suspension . In Wright, supra, the
attorney was cooperative with the KBA, only had one incident of unauthorized
practice, and there was no indication that an unearned fee was accepted . The
punishment therefore was a public reprimand with the requirement that the
attorney also complete ten hours of remedial ethics. However, the KBA notes
that suspension is warranted in this case because no such mitigating factors
were present.
111. Conclusion
Movant has admitted violating the Rules of Professional Conduct in this
case . Upon the foregoing facts and charges we find sufficient evidence to
adjudicate Movant guilty of the charges in KBA Files 13106 and 13194 . We
further hold in light of Movant's conduct that her Motion should be granted .
Thus, it is ORDERED that:
Kari M. Morton, KBA Member No. 88294, is adjudged guilty of the
charges made in KBA Files 13106 and 13194.
2.
Kari M . Morton, KBA Member No . 88294, shall therefore be
suspended from the practice of law for thirty (30) days, effective as
of the date hereof, and the amount of $361 .00 in unearned fees
shall be repaid to Kristi Powell within ten (10) days of this Order of
suspension .
3.
In accordance with SCR 3.450, Movant is directed to pay all costs
associated with these disciplinary proceedings in the amount of
$93 .50 for which execution may issue from this Court upon finality
of this Order.
All sitting . Lambert, C.J . ; Cunningham, Minton, Noble, Schroder and Scott,
JJ., concur.
ENTERED : August 23, 2007.
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