KENTUCKY BAR ASSOCIATION V. RICHARD KIP CAMERON COURT
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CORRECTED : SEPTEMBER. 24, 2008
TO BE PUBLISHED
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2008-SC-000316-KB
KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
RICHARD KIP CAMERON
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has recommended to
this Court that Richard Kip Cameron, who was admitted to practice law in Kentucky on
May 19, 1978, whose Member No. is 10144, and whose last known bar roster address
is 1611 South Main Street, Suite 14, P .O. Box 1013; Hopkinsville, Kentucky 42240, be
permanently disbarred from the practice of law because of two separate charges that
resulted in defaults under SCR 3.210 .' We agree with the Board's recommendation.
KBA File No. 14584
On September 21, 2007, Cameron received a formal charge from the Inquiry
Commission arising out of his unprofessional undertakings while he served as the courtappointed conservator . Cameron's actions include misappropriating funds, double
charging the estate, and failing to file timely the required annual reports . The facts are
not in controversy and areas follows .
Most facts and dates are from the Kentucky Bar Association's "Findings of Fact,
Conclusions of Lawr,1 and Recommendations of the KBA Board of Governors."
From June 23, 1986, to September 15, 2004,
Respondent served as the Christian District Court appointed
Conservator of the Estate of Troy Perry. As
Conservator, Respondent came into control of various sums
of money that belonged to Mr. Perry.
Respondent was late in filing his annual reports for
the years 2003 and 2004, and on September 24, 2004, Pam
Neely was appointed by the Court to serve as the new
conservator .
Ms. Neely discovered that during the term of his
conservatorship Respondent double-charged the estate by
charging both a Conservator fee and a private attorney fee,
and misappropriated and converted to his own use money
that belonged to Mr. Perry . . . .2
The amount Respondent misappropriated and converted to his own use is at least equal
to $13,490 .00 .
On May 24, 2006, the Christian District Court ordered the Respondent to make a
final accounting to the Veterans Administration . Respondent did not comply with the
order.
On September 22, 2006, Ms. Neely sued Respondent in Christian Circuit Court
to recover the misappropriated funds.
On October 20, 2007, the Christian County Sheriff served a copy of the Charge
on Cameron . Cameron did not respond or answer the following counts of the Charge:
(1)
SCR 3.130-3.4(c) (an attorney "shall not knowingly or intentionally disobey
an obligation under the rules of a tribunal");
(2)
SCR 3 .130-8 .1(d) (an attorney "shall not . .. knowingly fail to respond to a
lawful demand for information from .. . [a] disciplinary authority") ;
Inquiry Com'n v. Cameron , 247 S.W.3d 535, 536 (Ky. 2008) (temporarily suspending
respondent) .
(3)
SCR 3 .130-8 .3(b) (misconduct for a lawyer to "commit a criminal act that
reflects adversely on the lawyer's honesty, trustworthiness or fitness as a
lawyer . . .");
(4)
SCR 3.130-8 .3(c) (misconduct for a lawyer to "engage in conduct involving
dishonesty, fraud, deceit, or misrepresentation") .
Under SCR 3 .210 Cameron's file was processed as a default case and went
directly to the Board because Cameron failed to respond to the Charge after he was
duly served with a copy. Cameron's failure to respond is equivalent to an admission of
guilt because, "(w)hen an attorney fails to respond to a complaint, the allegation of the
complaint may be taken as confessed."s
Therefore, on March 14, 2008, the Board
unanimously (15-0) found Cameron guilty of counts I, 11, III, and IV of KBA Charge File
No . 14584 .
KBA File No . 15069
Cameron was retained to represent Arthur Wimberly in the appeal of his criminal
conviction to the Kentucky Court of Appeals . Cameron misrepresented the appeal's
status by telling Wimberly, on numerous occasions, that his appeal brief had been filed .
Cameron never filed the brief.
On August 16, 2006, the Kentucky Court of Appeals ordered Cameron to file a
status report stating whether Wimberly had abandoned his appeal . The status report
was filed on September 7, 2006; and it stated that Wimberly was not abandoning his
appeal but that Cameron was only retained to file a Notice of Appeal and Designation of
Record .
Kentucky Bar Ass'n v. Sivalls, 165 S.W .3d 137, 139 (Ky. 2005) (quoting Kentucky Bar
Ass'n v. Roney, 862 S.W.2d 315, 317 (Ky. 1993)) .
On October 19, 2006, the Kentucky Court of Appeals ordered Cameron to file a
motion to withdraw as Wimberly's counsel . The court also directed Cameron to file, on
behalf of Wimberly, an affidavit of indigency and a motion to proceed in forma pauperis
so he could obtain representation from the Department of Public Advocacy. Cameron
ignored the court's order, and he never filed the pleadings .
On March 14, 2007, the Court of Appeals ordered Cameron to show cause why
Wimberly's appeal should not be dismissed ; and the court reminded Cameron that a
failure to reply could "result in the imposition of sanctions against counsel ." But
Cameron, once again, disregarded the order and failed to respond .
On October 20, 2007, the Christian County Sheriff served Cameron with a copy
of the seven-count Charge stemming from the facts discussed above . Cameron did not
reply to the following counts of the Charge:
(1)
SCR 3.130-1 .3 ("lawyer shall act with reasonable diligence and
promptness in representing a client");
(2)
SCR 3.130-1 .4(a) (a lawyer shall "keep a client reasonably informed about
the status of a matter and promptly reply with reasonable requests for
information");
(3)
SCR 3 .130-1 .16(d) ("[u]pon termination of representation, a lawyer shall
take steps to the extent reasonably practicable to protect a client's
interests. . .");
(4)
SCR 3 .130-3.2 (a lawyer shall "make reasonable efforts to expedite
litigation . ..");
(6)
SCR 3.130-3.4(c) (a lawyer "shall not knowingly or intentionally disobey an
obligation under the rules of a tribunal");
(6)
SCR 3 .130-8 .1(b) (a lawyer "shall not . . . knowingly fail to respond to a
lawful demand for information from ... [a] disciplinary authority') ;
(7)
SCR 3.130-8.3(c) (misconduct for a lawyer to "engage in conduct involving
dishonesty, fraud, deceit, or misrepresentation") .
Therefore, under SCR 3.210, Cameron's case was in default and went directly to
the Board. By a preponderance of the evidence, the Board unanimously (15-0) found
Cameron guilty of all seven counts of KBA File No 15069 .
The Board recommended permanent disbarment because, along with being
found guilty of these two charges, Cameron has received three private admonitions
within one year. In March 2005, Cameron violated SCR 3 .130-1 .16(4) (failure to protect
client's interest upon termination) by taking over seven months to return an unearned
fee. In January 2006, Cameron violated SCR 3 .130-1 .15(a) (failure to hold client
property separately) by depositing real estate closing funds in his operating account
instead of his trust account. In March 2006, Cameron violated SCR 3.130-8 .3(b)
(commission of criminal act reflecting adversely of moral turpitude) by pleading guilty to
a class B misdemeanor by issuing a worthless check in the amount of $374.00 to his
veterinarian .
Furthermore, on January 10, 2008, the Board recommended, and this Court
agreed, that Cameron should be suspended for 181 days, with 60 days probated for two
years on the conditions that Cameron execute and comply with a KYLAP monitoring
agreement ; pay restitution of $500 to a client for an unearned fee; pay restitution of
$514.00 to another client for an unearned fee, and $794.76 for payment - Of costs .4
Because of Cameron's actions taken in these two instances and his history of
unprofessional conduct, the Board, by a vote of 14-1, recommended that Richard Kip
Cameron be permanently disbarred . The Board also recommended that Cameron be
Kentucky Bar Ass'n v. Cameron, 2008-SC-000040-KB (2008) (KBA Charge File Nos . 14208,
14761, and 14850).
ordered to pay restitution to the Estate of Troy Perry for the money Cameron
misappropriated in an amount determined by the Christian Circuit Court or to the
Client's Security Fund should it reimburse that victim, as provided in SCR 3 .820.
Cameron has not filed a notice with this Court to review the Board's decision, and we do
not elect to review the decision of the Board under SCR 3.370(8) . The decision of the
Board is hereby adopted under SCR 3.370(10) .
Accordingly, we order that:
1)
Respondent, Richard Kip Cameron, is permanently disbarred from the
practice of law;
2)
In accordance with SCR 3.450, Cameron must pay all costs associated
with these disciplinary proceedings against him, the sum being $921 .79, for which
execution may issue from this Court upon finality of this Opinion and Order; and
3)
Under SCR 3 .390, Cameron must, within ten (10) days from entry of this
Opinion and Order, (a) to the extent possible, cancel and cease any advertising
activities in which he is engaged ; and (b) notify all clients, in writing, of his inability to
represent them ; notify all courts in which he has matter pending of his disbarment from
the practice of law; and furnish copies of said letters of notice to the Director of the
Kentucky Bar Association .
All sitting, except Cunningham, J. All concur.
ENTERED : September 18, 2008.
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2008-SC-000316-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
RICHARD KIP CAMERON
RESPONDENT
ORDER OF CORRECTION
The Opinion and Order, entered September 18, 2008, is CORRECTED on
its face by substitution of pages 1 and 4 attached, in lieu of the original pages 1
and 4 of the Opinion and Order. Said correction does not affect the holding .
ENTERED : September 24, 2008.
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