KENTUCKY BAR ASSOCIATION V. GREGORY CURTIS MENEFEE
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TO BE PUBLISHED
2009-SC-000467-KB
MOVANT
KENTUCKY BAR ASSOCIATION
IN SUPREME COURT
V.
GREGORY CURTIS MENEFEE
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has
recommended to this Court that Respondent, Gregory Curtis Menefee, who was
admitted to practice law in Kentucky in October 1990, whose Member No . i s
83568, and whose last known bar roster address is P.O . Box 15943, Louisville,
KY 40259, be permanently disbarred as a result of ten separate disciplinary
charges which resulted in default cases under SCR 3 .210 . We agree with and
adopt the Board's recommendation .
A summary of the ten bar discipline charges against Respondent
follows:
1 This summary of the ten charges against Respondent comes exclusively from the
"Findings of Fact, Conclusions of Law, and Recommendation" filed by the Board of
Governors.
File No . 16473
Lisa Clayton hired Respondent around September 2005 to assist her
with a Chapter 13 bankruptcy . Around October 2005, she received a
charitable donation for an ill child of $7,000 . She also received a personal
injury settlement in the amount of $76,000 . She deposited all that money with
Respondent. From those funds, Respondent was to have paid Clayton's
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communicating with Clayton entirely. He has not accounted for any of the
money Clayton gave him .
A Bar Complaint was filed by Clayton for which Respondent signed on
May 16, 2008 . A customary reminder was sent and received by Respondent on
October 17, 2008 . No response was filed . Respondent was charged by the
Inquiry Commission with violating SCR 3 .130-1 .15 (failure to return funds) ;
SCR 3 .130-1 .16(d) (improper termination of representation) ; SCR 3 .130-8 .3(c)
(misconduct) (now SCR 3 .130-8.4) ; and SCR 3 .130-8 .1(b) (failure to respond) .
Respondent was served with the charge on three separate occasions: at his bar
roster address on April 22, 2009, and for which he signed on May 7, 2009; by
the Executive Director on May 5, 2009 ; and by the Jefferson County Sheriff at
his home on May 8, 2009 . He was mailed a reminder letter on May 26, 2009 .
To date, no response has been filed.
File No . 16474
Christopher and Joann Counsil contacted Respondent in 2006 for
assistance with a Chapter 13 Bankruptcy . They gave him 35,000 to make
mortgage payments on their behalf and to pay for his representation. He filed
the Chapter 13 petition and made three mortgage payments . However,
Respondent stopped making payments after that . Respondent has never
accounted for $3,700 of the Counsils' money. The Counsils never heard from
Respondent again.
A Bar Complaint was sent to Respondent on May 13, 2008, and he
signed for it oil May 16, 2008 . A remlnder ictter vvas sent on Oitober i 3, 200v,
by certified mail for which Respondent signed on October 17, 2008 . No
response was filed. The Inquiry Commission issued a four-count Charge on
April 22, 2009, alleging violations of SCR 3.130-1 .15 (failure to return funds) ;
SCR 3 .130-1 .16(d) (improper termination of representation) ; SCR 3 .130-8 .3(c)
(misconduct) (now SCR 3 .130-8 .4) ; and SCR 3 .130-8 .1(b) (failure to respond) .
Respondent was served on three separate occasions, at his bar roster address
on April 22, 2009, and for which he signed on May 7, 2009; by the Executive
Director on May 5, 2009 ; and by the Jefferson County Sheriff at his home on
May 8, 2009 . He was mailed a reminder letter on May 26, 2009 . To date, no
response has been filed.
File No. 16475
Brooks and Janet Gay hired Respondent and gave him $3,192 .68 to hold
in his escrow account. The funds were to be used to pay their mortgage
payments . Respondent never made one mortgage payment. He failed to return
the Gays' money and he abandoned his representation of them without notice .
The Gays filed a Bar Complaint on April 29, 2008 . The Complaint was
served on May 16, 2008 at which time Respondent signed for it. When no
response was made, he received a reminder letter on October 17, 2008, for
which he signed .
The Inquiry Commission issued a four-count Charge on April 22, 2009,
alleging violations of SCR 3 .130-1 .15 (failure to return funds) ; SCR 3 .130;Q
1 . 16(d) (improper teI rmlnatlon of represent atlolt) ; SCR 3. i 30-v.3(c) (mi~~onduct)
(now SCR 3 .130-8 .4) ; and SCR 3.130-8 .1(b) (failure to respond) . The
Respondent was served with the Charge on three separate occasions, at his bar
roster address on April 22, 2009, and for which he signed on May 7, 2009 ; by
the Executive Director on May 5, 2009 ; and by the Jefferson County Sheriff at
his home on May 8, 2009 . A reminder letter was mailed to the Respondent on
May 26, 2009 . To date, no response has been made.
File No . 16476
Glendol and Linda Smith went to see Respondent in July 2001, for
assistance with their financially troubled business . He advised them to -file a
Chapter 7 Bankruptcy proceeding for the business and a Chapter 13
Bankruptcy personally . They paid him fees of $1,800 and $800, respectively .
He also advised the Smiths that they would need to pay the amount
determined by the Court for a bankruptcy payment plan . They paid the first
$1,800 at the initial visit . Then, around May 2002, Respondent advised the
Smiths to file another Chapter 13 Bankruptcy which they did . The Smiths
paid Respondent an additional $1,500 . He also requested $684 to be placed in
escrow and another $300 in travel costs for Respondent to travel to Owensboro
for the hearing.
Respondent then re-filed another Chapter 13 Bankruptcy for the Smiths
in or around August 2005, for another $1,500 plus filing fees . In September
2005, before the bankruptcy was settled, Mr. Smith received an $18,000
payment from the Veteran's Administration . Respondent advised Mr. Smith to
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note to PNC Bank. The remaining money was to be placed into the bankruptcy
plan . All during this time, the Smiths were paying Respondent $800 a month
which was to have gone into escrow for plan payments until the plan was
approved .
By letter dated September 21, 2007, the Smiths were advised by the law
offices of Anderson 8, Horne that Respondent was closing his law practice and
that they should contact Attorney Mark Levy. When the Smiths met with Levy
around November 14, 2007, he informed them that Respondent had not paid
PNC Bank nor any of the required bankruptcy payments . Respondent has not
accounted for any of the $21,468 given to him by the Smiths.
The Smiths filed a Bar Complaint on April 28, 2008, which was served on
Respondent and for which he signed on May 16, 2008 . Despite a reminder
letter served on October 17, 2008, no response was made to the Complaint.
The Inquiry Commission issued a four-count Charge on April 22, 2009, alleging
violations of SCR 3 .130-1 .15 (failure to return funds) ; SCR 3 .130-1 .16(d)
(improper termination of representation) ; SCR 3 .130-8 .3(c) (misconduct) (now
SCR 3 .130-8 .4) ; and SCR 3 .130-8 .1(b) (failure to respond) . The Respondent
was served with the Charge on three separate occasions, at his bar roster
address on April 22, 2009, and for which he signed on May 7, 2009; by the
Executive Director on May S, 2009 ; and by the Jefferson County Sheriff at his
home on May 8, 2009 . A reminder letter was mailed to the Respondent on May
26, 2009 . To this date, no response has been filed.
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Richard Spivey hired Respondent in or around November 2006 to
represent him in a bankruptcy . After entering into an Agreed Order to save his
home, Mr. Spivey was instructed by Respondent to bring his mortgage
payments directly to him . In return Respondent would make the payments .
Mr. Spivey brought Respondent $6,370 for the mortgage payments, but
received notice in August 2007 that his home was to be sold . Respondent
abandoned his representation of Mr . Spivey without notice . The Respondent
has failed to account for the $6,370 provided to him by this client.
Mr. Spivey filed a Bar Complaint against Respondent on April 28, 2008 .
Although Respondent signed for it and a reminder letter, he never responded .
Resultantly, the Inquiry Commission issued a four-count Charge against
Respondent on April 22, 2009 alleging violations of SCR 3 .130-1 .15 (failure to
return funds) ; SCR 3 .130-1 .16(d) (improper termination of representation) ; SCR
3 .130-8 .3(c) (misconduct) (now SCR 3 .130-8 .4) ; and SCR 3 .130-8 .1(b) (failure
to respond) . Respondent was served with the four-Count charge on three
separate occasions : at his bar roster address on April 22, 2009, and for which
he signed on May 7, 2009 ; by the Executive Director on May 5, 2009; and by
the Jefferson County Sheriff at his home on May 8, 2009 . A reminder letter
was mailed to the Respondent on May 26, 2009 . To date, no response has
been made.
File No . 16478
David Stone, as power of attorney for Flossie Stone, hired Respondent in
or around November 2006 to handle Ms. Stone's bankruptcy. Mr. Stone paid
Respondent $22,500 . After several attempts to contact Respondent, Mr . Stone
received a letter from Bruce Anderson advising him to contact attorney Mark
Levy. It was not until Mr. Stone met with Mr. Levy that he discovered the
bankruptcy payments had not been paid, a motion to show cause was pending
in the case, and other payments Respondent was supposed to be making were
four (4) months behind . Further, Respondent abandoned the representation of
Ms. Stone without notice. Respondent has failed to account for or return the
$22,500 provided to him by Mr . Stone .
Mr. Stone filed a Bar Complaint against Respondent on April 28, 2008 .
Despite the Complaint having been served upon Respondent for which he
signed on May 16, 2008, and despite receipt by certified mail on October 13,
2008, of a reminder letter, no response has been filed . The Inquiry
Commission issued a four-count Charge on April 22, 2009, alleging violations
of SCR 3 .130-1 .15 (failure to return funds); SCR 3.130-1 .16(d) (improper
termination of representation) ; SCR 3 .130-8 .3(c) (misconduct) (now SCR 3 .1308 .4) ; and SCR 3 .130-8 .1(b) (failure to respond) . Respondent was served with
the four-Count charge on three separate occasions : at his bar roster address
on April 22, 2009, and for which he signed on May 7, 2009 ; by the Executive
Director on May 5, 2009 ; and by the Jefferson County Sheriff at his home on
May 8, 2009 . A reminder letter was mailed to the Respondent on May 26,
2009 . To date, no response has been filed.
File No. 16479
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bankruptcy . Sanders paid Respondent $5,040 . However, Respondent did not
make all of the bankruptcy plan payments he was required to make with those
funds, and he personally kept $1,900 . When Mr. Sanders hired a new lawyer
in or around August 2007, he learned that not all of the payments had been
made by Respondent. Respondent abandoned the representation of Sanders
without notice and he has failed to account for the $1,900 provided to him by
his client.
Mr. Sanders filed a Bar Complaint against Respondent on April 28, 2008 .
It was mailed to Respondent who signed for it on May 16, 2008 . Having had no
response, a reminder letter was sent via certified mail for which Respondent
signed on October 17, 2008 . Still no response having been made, the Inquiry
Commission issued a four-count charge against Respondent on April 22, 2009,
alleging violations of SCR 3.130-1 .15 (failure to return funds) ; SCR 3 .1301 .16(d) (improper termination of representation) ; SCR 3.130-8 .3(c) (misconduct)
(now SCR 3.130-8 .4) ; and SCR 3 .130-8 .1(b) (failure to respond) . Respondent
was served with the four-Count charge on three separate occasions: at his bar
roster address on April 22, 2009, and for which he signed on May 7, 2009 ; by
the Executive Director on May 5, 2009 ; and by the Jefferson County Sheriff at
his home on May 8, 2009. A reminder letter was mailed to the Respondent on
May 26, 2009 . To date, no response has been filed .
File No . 16850
Catherine Melton contacted Respondent in September or October 2006
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and requested that Respondent file the bankruptcy as soon as possible in order
to avoid repossession of her vehicle . Respondent failed to file the bankruptcy.
Around March 2007, Ms . Melton contacted Respondent about being behind in
her mortgage payments . Respondent worked out an agreement with Ms.
Melton's mortgage company without her being present. The Respondent never
informed Ms . Melton of the agreement's details but advised her to bring her
mortgage payments to him in cash or money order until her balance was
current. In September 2007, Ms . Melton received a notice from the Bankruptcy
Court informing her that National City Bank filed to have her home removed
from the imposed stay because no mortgage payments had been made since
April 2007 . Ms . Melton paid the Respondent $2,278 .15 which he did not use
to make payments towards her bankruptcy as required . He abandoned his
representation of her without notice and has failed to account for the money.
Ms. Melton filed a Bar Complaint against Respondent on August 18,
2008 . The Bar Complaint was mailed to Respondent who signed for it on
September 15, 2008 . When he failed to respond, he was sent a reminder letter
via certified mail and signed for same on October 17, 2008. Still having heard
no response, the Inquiry Commission issued a four-count charge against
Respondent alleging violations of SCR 3 .130-1 .15 (failure to return funds) ; SCR
3 .130-1 .16(d) (improper termination of representation) ; SCR 3 .130-8 .3(c)
(misconduct) (now SCR 3 .130-8 .4) ; and SCR 3 .130-8 .1(b) (failure to respond) .
The Charge was served by the Executive Director of the KBA on May 5, 2009,
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26, 2009 . To date, no response has been filed.
File No . 16914
Ann A. Jones hired Respondent in or around December 2005 to defend
her in a lawsuit with the Peoples Bank of Kentucky . In or around June 2007,
Respondent sent Ms. Jones a bill for approximately $5,000 for which he
threatened legal action against her if she did not pay . Ms. Jones paid the bill
but then did not speak to Respondent until she called him around May 2008.
He informed her that he had quit practicing law six months earlier but that he
was still handling her case . In July 2008, Ms . Jones received a ruling in the
matter from the Court of Appeals via her ex-husband's attorney. Ms . Jones
attempted to get more information from Respondent regarding the judgment
but her phone calls went unanswered. At that point, Ms. Jones asked another
attorney to check into the matter as a favor to her. They discovered that
Respondent had been temporarily suspended from the practice of law per an
order of this Court in June 2008 . Respondent never notified her of his
10
suspension as required by SCR 3 .165(5) . Despite her best efforts to do so, Ms.
Jones has never been able to retrieve her case file from Respondent and he has
never contacted her or returned her phone calls . He has abandoned
representing her without notice .
Ms. Jones filed a Bar Complaint against Respondent on August 27,
2008 . The Bar Complaint was mailed to Respondent and he signed for it on
September nn~n~nn .
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to Respondent and he signed for it on October 17, 2008. On April 22, 2009,
the Inquiry Commission issued a four-count Complaint against Respondent
alleging violations of SCR 3 .130-1 .16(d) (improper termination of
representation) ; SCR 3 .130-3 .4(c) (disobeying an order of the Court requiring
him to notify his clients of temporary suspension) ; SCR 3 .130-(c) (misconduct)
(now SCR 3 .130-8 .4) ; and SCR 3 .130-8 .1 (failure to respond) . The Charge was
served by the Executive Director of the KBA on May 5, 2009, and personally
served on the Respondent by the Jefferson County Sheriff's Office on May 8,
2009 . A reminder letter was mailed to the Respondent on May 26, 2009 . To
date, no response has been filed .
File No . 16971
Sandra Painter was involved in a vehicle accident on January 14, 2004 .
She recovered $35,000 in damages . After paying for legal fees, Ms . Painter
received $26,243 .95 . However, her medical bills exceeded the amount that she
received, so she contacted Respondent to file bankruptcy. Under advice from
Respondent, Ms . Painter gave him the entire $26,243 .95 to place in his escrow
account to protect it in the bankruptcy . Respondent filed Ms . Painter's
bankruptcy petition .
Respondent claimed the money in escrow as exempt and the Bankruptcy
Trustee entered a no asset report in December 2006, abandoning any interest
in the funds held by the Respondent. Respondent billed Ms . Painter $1,200 for
attorneys' fees, filing fees, and other costs . Ms. Painter's debts were discharged
vi Apr1l 1 "? > 2007 > oiler vv'hich > she contacted Respondent and
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money. Respondent advised her that she would have to wait for the
Bankruptcy Judge to sign an Order before he could release the funds . The
funds should have been returned to Ms . Painter immediately. Subsequently,
the Respondent would not return Ms. Painter's calls and he eventually closed
his office . Respondent abandoned the representation of his client without
notice and has never accounted for her money.
Ms . Painter filed a Bar Complaint against the Respondent on August 27,
2008. The Bar Complaint was mailed to Respondent's Bar roster address and
he signed for it on October 1, 2008. When no response was received, he was
sent a second copy of the Complaint and a reminder letter via certified mail on
October 21, 2008 and signed for it on October 25, 2008. No response having
yet been filed, the Inquiry Commission issued a four-count charge on April 22,
2009, alleging violations of: SCR 3 .130-1 .5(b) (failure to return a client's funds) ;
SCR 3 .130-1 .16(d) (abandoning representation of his client, failure to take
steps to protect his client, failure to return money) ; SCR 3 .130-8 .3(c)
(misconduct) (now SCR 3.130-8 .4) ; and SCR 3 .130-8.1 (failure to respond) .
12
The Respondent was served with the Charge on three separate occasions, at his
bar roster address on April 22, 2009 and for which he signed on May 7, 2009 ;
by the Executive Director on May 5, 2009 ; and by the Jefferson County Sheriff
at his home on May 8, 2009 . A reminder letter was mailed to the Respondent
on May 26, 2009 . To date, no response has been filed .
CONCLUSION
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Respondent as a default case under SCR 3 .210, and found him guilty on all
counts by a vote of eighteen to zero . The Board then reviewed Respondent's
prior disciplinary history which included a private admonishment in 2005 for
violating SCR 3.130-1 .4(a) and SCR 3 .130-1 .6(d) and a temporary suspension
issued on June 19, 2008. See Inquiry Commission v. Menefee , 255 S .W.3d 515
(Ky. 2008) . Based on the seriousness of the current charges against
Respondent, his past disciplinary history, Respondent's failure to respond to
disciplinary authorities, and the potentially criminal nature of his actions, the
Board unanimously recommended that Respondent be permanently disbarred,
and that he pay restitution to all clients which have been affected by his
actions.
Respondent 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) .
Thus it is ORDERED that:
1) Respondent, Gregory Curtis Menefee, KBA Member No. 83568, P .O .
Box 15943, Louisville, KY 40259 is permanently disbarred ;
2) In accordance with SCR 3 .450, Respondent must pay all costs
associated with these disciplinary proceedings against him, the sum being
$3,241 .80, for which execution may issue from this Court upon finality of this
kipinion and Order;
3) Respondent must make restitution to all clients who have filed bar
complaints against him for misappropriation of funds; and
4) Under SCR 3 .390, Respondent 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. All concur.
ENTERED : October 29, 2009 .
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