KENTUCKY BAR ASSOCIATION V. MARGARET M. JACKSON-RIGG
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2010-SC-000684-KB
KENTUCKY BAR ASSOCIATION
MOVANT
IN SUPREME COURT
MARGARET M. JACKSON-RIGG
KBA Member No. 35338
RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association (the "KBA") has
recommended to this Court that Respondent, Margaret M. Jackson-Rigg, KBA
Member No. 35338, be suspended from the practice of law for one year.
Respondent was admitted to practice in 1984 ; and her bar roster address is 23
West Fourth Street, P.O . Box 785, Maysville, KY 41056-0785 .
The charges against Respondent stem from her representation of the
estate of Mildred Rose, which commenced in 1997 . Respondent received
attorney's fees totaling $27,202.00 . , In 2002, two beneficiaries of the estate
challenged the fees as being excessive. The Morgan District Court held a
hearing and ultimately determined that the fees were excessive and ordered
Respondent to return $8,952 .02 to the estate.
Following entry of the court order, Respondent informed the two coexecutors of the Rose estate that she did not have the funds to repay the
estate . The co-executors, Karl Rose and Fred Rose, entered into an unwritten
agreement with Respondent whereby they would pay the estate $8,952 .02 .
Thereafter, according to the agreement, Respondent would repay the funds to
the co-executors. Essentially, Karl Rose and Fred Rose loaned $8,952 .02 to
Respondent .
Respondent filed an Amended Formal Final Settlement reflecting the
payments made to the estate by the co-executors . Over two years later,
Respondent paid $2,236 .01 to Karl Rose . Six months thereafter, she made
another payment in the amount of $1,000.00. She made no further payments
on the loan, leaving a balance of $5,716.01 . About two years later, Karl Rose
filed a complaint with the KBA regarding Respondent's handling of the loan .
Respondent submitted a general denial to the KBA. The KBA then
requested that she provide information regarding the situation. Respondent
did not reply to this request, nor did she reply to a second "reminder" letter
from the KBA. The KBA subsequently obtained the Morgan District Court file
for the estate of Mildred Rose, which included a detailed affidavit from Karl
Rose regarding the loan 'to Respondent. On March 29, 2010, the Inquiry
Commission issued a charge which included five counts.
Count I alleged a violation of SCR 3 .130-1 .5(a) which prohibits
unreasonable fees. This count is based on the Morgan District Court's finding
that Respondent's fees were excessive. Count 11 charged Respondent with a
violation of SCR 3 .130-1 .8(a) whereby she entered into a business transaction
with Karl Rose and Fred Rose without satisfying the requirements of SCR
3 .130-1 .8(a)(1)-(3) . Count III arises from Respondent's failure to fully refund
$8,952 .02 to the estate upon termination of her representation as required by
SCR 3.130-1 .16(d) . Count IV relates to Respondent's failure to obey an
obligation of a tribunal as required by SCR 3 .130-3 .4(c) . Specifically, this
count arises from Respondent's failure to fully refund that portion of her fees
that were determined to be excessive . Finally, for her failure to respond to a
lawful demand for information from the Office of Bar Counsel, Respondent was
charged with a violation of SCR 3.130-8 .1(b) .
Respondent tendered an answer to the charge, which was returned by
the Disciplinary Clerk as untimely. In that tendered answer, Respondent
requested that counsel be appointed to represent her. The KBA advised
Respondent that her request for counsel did not conform to SCR 3.300 because
it was not accompanied by an affidavit of financial need . Nonetheless, the
Inquiry Commission issued an order of submission allowing Respondent seven
additional days to file a motion to permit late filing of her answer or to request
appointment of counsel.
Respondent never responded and the matter went to the Board of
Governors as a default case under SCR 3 .210(1) . The Board voted
unanimously that Respondent was guilty of the five counts set forth in the
Inquiry Commission's charge. Considering the appropriate discipline, the
Board noted that Respondent had been suspended from the practice of law on
December 10, 2008 for nonpayment of dues, and that she had not yet been
reinstated . It also considered that Respondent had been automatically
suspended from the practice of law on June 12, 2010, after pleading guilty to
seven felony counts for failure to file Kentucky state income tax returns.
Finally, the Board noted that Respondent had received three prior private
admonitions.
In light of this disciplinary history,. the Board voted unanimously that the
proper discipline would be to suspend Respondent from the practice of law for
a period of one year. It further recommended that Respondent be ordered to
pay restitution to Karl Rose and Fred Rose in the sum of $5,716.01, plus
interest .
Respondent did not respond to the Board of Governors' recommendation
to this Court, and this Court has not elected to issue a notice of review .
Therefore, pursuant to SCR 3 .370(10), this Court adopts the decision of the
Board and hereby ORDERS that:
1 . , Margaret M. Jackson-Rigg, KBA Member No. 35338, is guilty of
violating SCR 3 .130-1 .5(a) ; SCR 3 .130-1 .8(a); SCR 3 .130-1 .16(d) ; SCR
3 .130-3 .4(c) ; and SCR 3 .130-8 .1(b) as alleged in KBA File Number
16644.
2 . Margaret M. Jackson-Rigg is hereby suspended from the practice of
law in the Commonwealth of Kentucky for a 'period of one (1) year.
Said suspension shall be served consecutively to any and all
suspensions ordered prior to this date .
3 . Pursuant to SCR 3 .390, Margaret M. Jackson-Rigg shall send letters
to all Courts in which she has matters pending, if any, and to all
clients whom she is actively representing, if any, within ten (10) days
of this Opinion and Order, notifying them of her inability to continue
to represent them and advising them of the necessity of retaining new
counsel . Margaret M. Jackson-Rigg shall also provide a copy of such
letters to the Director of the KBA and cease advertising activities, if
any.
4 . Margaret M. Jackson-Rigg is ordered to pay restitution in the amount
of $5,716 .01, plus interest at the legal rate, to Karl Rose and Fred
Rose within ninety (90) days of the entry of this Opinion and Order.
5 . Pursuant to SCR 3 .450, Margaret M. Jackson-Rigg shall pay the costs
of this disciplinary proceeding, said sum being $425 .77, for which
execution may issue from this Court upon finality of this Opinion and
Order.
Minton, C .J ., Abramson, Cunningham, Noble, Scott and Venters, JJ .,
concur. Schroder, J ., dissents.
ENTERED : March 24, 2011 .
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