CARL TURNER V. KENTUCKY BAR ASSOCIATION
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CARL TURNER
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MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Carl Turner moves this Court to enter an order imposing a two-year
suspension from the practice of law in the Commonwealth of Kentucky . In
response, the Kentucky Bar Association (KBA) agrees with the requested
sanction. Turner, whose KBA member number is 83686 and whose bar roster
address is 811 Central Avenue, Newport, Kentucky 41.071, was admitted to
practice law in this Commonwealth on October 12, 1990 . Based upon Turner's
conduct in the matter that prompted these proceedings, we agree that a twoyear suspension is appropriate.
In 2002, John Nelson retained Turner to pursue a civil action against
Blazing Wings, Inc. Turner filed a complaint in the matter. Four months later
the trial court entered an order requiring Turner's client to fully answer the
defendant's discovery and to supplement his responses to previous discovery.
Turner neither complied with the order nor did he apprise his client of it .
Defendant's motion to dismiss, based upon failure to abide by the discovery
order, was granted and the case was dismissed with prejudice . Not only did
Turner fail to apprise his client of these events, he continued to represent to
his client that the case was still active . In fact, more than a year after the case
had been dismissed, Turner brought four witnesses into his office allegedly to
prepare for their depositions .
Turner admits to the foregoing actions and he concedes that these
actions warrant a two-year suspension . He first admits that his failure to
comply with the trial court's discovery order violated SCR 3 .130-1 .3, 1 which
requires a lawyer to "act with reasonable diligence and promptness in
representing a client," as well as SCR 3 .130-3 .4(c), which prohibits a lawyer
from "knowingly or intentionally disobey[ing] an obligation under the rules of a
tribunal." Turner further admits that his failure to respond to his client's
inquiries and his failure to apprise his client of the true status of his case
violated SCR 3 .130-1 .4, which mandates that a lawyer promptly respond to
requests for information, keep his client informed, and sufficiently explain
matters to allow his client to make informed decisions. Turner also recognizes
that his actions violated SCR 3 .130-3 .2, requiring a lawyer to make reasonable
efforts to expedite litigation . And, finally, Turner concedes that his
misrepresentations that the case was ongoing, including pretending to prepare
for depositions after the case had been dismissed, violated SCR 3 .130-$ .4(c),
1 All rules referenced are to be the Kentucky Supreme Court Rules of Professional
Conduct in effect prior to the July 15, 2009 amendments .
which deems it professional misconduct to "engage in conduct involving
dishonesty, fraud, deceit or misrepresentation ."
This Court has approved of a two-year suspension as an appropriate
sanction for similar misconduct. In Beal v. Kentucky Bar Association, 220
S .W.3d 690 (Ky. 2007), a two-year suspension was imposed where the
attorney's inaction resulted in dismissal of his client's case for failure to
prosecute . Like, the instant case, the attorney failed to inform his client of the
dismissal and continued to represent that the case was active long after it had
been dismissed.
In Kentucky Bar Association v. Terrell, 891 S.W.2d 403 (Ky. 1995), a twoyear suspension was imposed for the attorney's inaction with respect to a civil
case that ultimately resulted in a dismissal for failure to prosecute. The
attorney also made a false statement to the Court of Appeals in an attempt to
justify her inaction. As Turner has engaged in similar misconduct, we approve
of the negotiated sanction of suspension from the practice of law for a period of
two years .
Accordingly, it is hereby ORDERED that:
1 . Carl Turner is suspended from the practice of law in the
Commonwealth of Kentucky for a period of two years.
2 . In accordance with SCR 3.390, Turner is directed to notify in writing
all clients and all courts in which he has matters pending of his inability to
practice law, within ten days from the date of entry of this Opinion and Order.
Beal is further directed to furnish copies of said letters of notice to the Director
of the Kentucky Bar Association. Further, Turner shall without delay, to the
extent reasonably possible, cancel and cease any advertising activities in which
he is engaged.
3 . In accordance with SCR 3 .450, Turner is directed to pay all costs
associated with these disciplinary proceedings against him, said sum being
$31 .93, and for which execution may issue from this Court upon finality of this
Opinion and Order.
All sitting. All concur.
ENTERED: April 22, 2010 .
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