KENTUCKY BAR ASSOCIATION V. JENNIFER SUE WHITLOCK
Annotate this Case
Download PDF
TO BE PUBLISHED
6*uyrtme (~Vurf of "PRru
2010-SC-000027-KB
DAT
KENTUCKY BAR ASSOCIATION
V.
-~ o ltx,
MOVANT
IN SUPREME COURT
JENNIFER SUE WHITLOCK
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has
recommended that Jennifer Sue Whitlock, who was admitted to practice law in
Kentucky on April 16, 1998, whose Bar Roster Address is P .O. Box 171, 1401
Winchester Avenue, Suite 526, Ashland, Kentucky 41105, and whose KBA
Member Number is 87562, be suspended for one year.
Roy L. Crawford hired Whitlock in 2007 to represent him in a lawsuit
against Brester Homes of Kentucky . On December 17, 2007, Crawford sent
her a check for $2,500, which she deposited in her account.
Crawford did not receive any information thereafter about the extent of
Whitlock's work, nor did he receive any bills. In May 2008, Crawford
unsuccessfully tried to contact Whitlock by phone and email to obtain an
update on his case . He emailed her again three times in July 2008 but still
received no reply. In September 2008, Crawford sent a letter to Whitlock by
certified mail asking for his records, his file, a detailed bill and a response to
his requests for information . Whitlock did not respond.
Crawford subsequently filed a bar complaint, a copy of which was
personally served on Whitlock in October 2008 . No response was filed, so Bar
Counsel mailed a reminder letter in November 2008, which was personally
signed for by Whitlock. On January 14, 2008, Whitlock emailed Bar Counsel
stating that she would file a response within 24 hours, but no response was
filed .
The Inquiry Commission issued a formal charge containing five counts
on February 13, 2009 . The charge alleged violations of (1) SCR 3 .130-1 .3 for
failing to act with reasonable diligence and promptness in representing a client;
(2) SCR 3 .130-1 .4 for failing to respond to the client's requests about the status
of the case; (3) SCR 3 .130-1 .5(b) for failing to return the unearned portion of a
fee to her client and failing to render an accounting of work performed when
asked to do so ; (4) SCR 3 .130-1 .16(d) for failing to return the client's
documents and files and to provide a detailed billing statement on request; and
(5) SCR 3 .130-7 .1(b) for failing to respond to the bar complaint. 1
On March 13, 2008, Whitlock filed her response to the charge, admitting
the factual allegations. She submitted documentation of some services
performed for Crawford and an itemization of her time spent thereon. The
response was not filed, however, because it was untimely. It was returned to
Whitlock with a note directing her to file a motion for leave to file a late
pleading. No such motion was ever filed.
1 The Rules of Professional Responsibility contained in SCR 3.130 have since been
renumbered and substantially amended. Thus, the rules cited herein may not
correspond to the rules currently in force.
2
On April 6, 2009, the Inquiry Commission issued an amended charge (to
correct typographical errors) . When a copy was attempted to be served, the
deputy sheriff found that Whitlock's office was vacant. Service was
subsequently completed on the Executive Director of the KBA as the designated
agent for service of process.
On July 29, 2009, this matter was consolidated with another disciplinary
matter against Whitlock, apparently due to a mistaken belief that she had filed
an answer to this charge . When the mistake was discovered, Bar Counsel
attempted to contact Whitlock by phone, leaving several messages in August
2009 . Whitlock did not return any of the calls, and eventually the two
disciplinary matters were severed .
The matter proceeded to the Board of Governors, which noted that
Whitlock formally failed to respond to the charge against her but also took
notice of the untimely response she filed . The response asserted that medical
and mental health issues played a role in the underlying matters. The Board
voted to find Whitlock guilty of all five counts of the charge and recommended
that she be suspended for one year, refund the unearned portion of the fee to
her client, attend Bar Counsel's remedial ethics program, and consult with and
possibly agree to monitoring by the Kentucky Lawyers Assistance Program .
In so concluding, the Board also took into account Whitlock's prior
discipline, which included: (1) a private admonition in August 2008, (2) a 30day suspension in December 2008, with the requirement that she attend the
Ethics and Professionalism Enhancement Program presented by Bar Counsel
in April 2009, (3) a 181-day suspension for misconduct related to two cases in
3
March 2009, and (4) a private admonition in May 2009 . The record also shows
a second private admonition in September 2009, though the Board did not
mention it in its recommendation .
Neither Whitlock nor Bar Counsel has filed a notice for this Court to
review the Board's decision as allowed under SCR 3 .370(8) . Because the
Board's findings and conclusions are supported by the record and the law, and
because the sanction recommended by the Board is appropriate in light of
Respondent's history of prior discipline, her failure to respond formally to the
charges against her, and the seriousness of the charges, this Court elects not
to review the recommendation of the Board as allowed under to SCR 3 .370(9) .
The decision of the Board is therefore adopted pursuant to SCR 3 .370(10) .
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
(1)
Respondent, Jennifer Sue Whitlock, is suspended from the practice
of law in the Commonwealth of Kentucky for one year from the date of this
Order.
(2)
Respondent shall refund $1,275 in unearned fees to her client Roy
Crawford .
(3)
Respondent shall attend and complete the Ethics and
Professionalism Enhancement Program presented by the Office of Bar Counsel
within one year if she has not already done so .
(4)
Respondent shall consult with and, if indicated, agree to
monitoring by the Kentucky Lawyer's Assistance Program.
(5)
In accordance with SCR 3.450, Respondent is directed to pay all
costs associated with these disciplinary proceedings against her, said sum
4
being $314 .01, for which execution may issue from this Court upon finality of
this Opinion and Order.
(6)
Pursuant to SCR 3 .390, Respondent shall, within ten days from
the entry of this Opinion and Order, notify all clients in writing of her inability
to represent them, and notify all courts in which she has matters pending of
her suspension from the practice of law, and furnish copies of said letters of
notice to the Director of the Kentucky Bar Association, assuming that this is
necessary given that she was already suspended from the practice of law.
Furthermore, to the extent possible and necessary, Respondent shall
immediately cancel and cease any advertising activities in which she is
engaged.
All sitting . All concur .
ENTERED : May 20, 2010 .
CHIFF,XJSTICE
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.
