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KENTUCKY BAR ASSOCIATION
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MOVANT
V. IN SUPREME COURT
TRAVIS OLEN MYLES, JR. RESPONDENT
OPINION AND ORDER
The Board of Governors ("Board") of the Kentucky Bar Association
("KBA") recommends this Court suspend Travis 0. Myles, Jr. from the practice
of law for sixty-one (61) days, consecutive to any other discipline. Finding
sufficient cause to do so, we adopt the Board's recommendation. Myles, whose
KBA number is 87300 and whose bar roster address is 1009 Dixon Averiue,
Louisville, Kentucky 40217, was admitted to the practice of law in the
Commonwealth of Kentucky on October 2, 1998.
Travis Myles represented Karen Lewis on a civil claim against Cigna
Insurance Company. After Ms. Lewis experienced difficulty in communicating
with Myles, she asked that he return her client file so that she could retain new
counsel to represent her. Myles failed to respond to her request, prompting
Ms. Lewis to make a complaint to the Office of Bar Counsel ("OBC") of the
Kentucky Bar Association. On August 13, 2012, the OBC wrote to Myles
requesting confirmation of his return of Ms. Lewis's file. Myles e-mailed Bar
Counsel on August 31, stating that he had "Wust sent a copy of the [Lewis] file
certified mail." However, subsequent contact with Ms. Lewis established that
Myles had not sent the file to her despite his assurances to the contrary.
Pursuant to Supreme Court Rule ("SCR") 3.185, 1 the Inquiry Commission
issued a private admonition for Myles's violation of SCR 3.130-1.16(d) for
failing to promptly return Ms. Lewis's file, and of SCR 3.130-8.1(b) for failing to
respond to the OBC's request that the file be returned. The admonition was
conditioned upon Myles's compliance with the Inquiry Commission's order to
provide Ms. Lewis with her file within twenty days of the issuance of the
October 22, 2012 order. Myles never responded to letters from the OBC
requesting acknowledgement of receipt of the conditional admonition within the
directed time frame. On December 4, 2012, Myles acknowledged receipt of the
Inquiry Commission's order by e-mail, further stating that he would confirm
the return of the Lewis file by the following week. However, Ms. Lewis
confirmed on January 9, 2013 that she had not received any documents from
Myles.
On February 25, 2013, the Inquiry Commission issued a complaint
based on Myles's failure to comply with the conditions set forth in the October
private admonition. The two-count charge alleged that Myles violated SCR
1 SCR 3.185 provides, in pertinent part: "After a complaint against an attorney
for unprofessional conduct is investigated and a response filed, the Inquiry
Commission may direct a private admonition, with or without conditions, to the
attorney if the acts or course of conduct complained of are shown not to warrant a
greater degree of discipline. The attorney so admonished may, within twenty (20) days
from the date of the admonition, reject such admonition and request that a charge be
issued and filed as is provided by Rule 3.190; whereupon, the issues shall be
processed under the applicable rules."
2
3.130-3.4(c) when he knowingly disobeyed an obligation to a tribunal, 2 and
SCR 3.130-8.1(b) by failing to respond to a lawful demand for information from
a disciplinary authority. After attempts to serve the complaint by certified mail
failed, Myles was served by the Jefferson County Sheriff on April 10, 2013.
Myles did not respond to the complaint, and the case was submitted to the
Board of Governors ("the Board") pursuant to SCR 3.210(1). 3
The Board found that Myles's conduct gave rise to violations of SCR
3.130-3.4(c) and SCR 3.130.8.1(b). By an unanimous vote of 18-0, the Board
found Myles guilty of both counts of misconduct set forth in the Inquiry
Commission's charge. In determining the appropriate discipline to propose, the
Board considered Myles's past discipline which included a 181-day probated
suspension that was subsequently revoked, 4 and a public reprimand. The
Board voted 18-0 to recommend a suspension of Myles's license to practice law
for a period of 61-days, consecutive to any other discipline, and payment of
costs of the proceedings.
Upon review of the Board's recommendation, we find that the proposed
discipline is appropriate and is supported by this Court's previous decisions.
In Kentucky Bar Association v. Quesinberry, this Court imposed a 61 day -
suspension per the Board's recommendation in a case where an attorney failed
2 In this case, the Inquiry Commission is a "tribunal" as authorized to issue
private admonitions pursuant to SCR 3.185.
3 SCR 3.210(1) provides: "If no answer is filed after a Respondent is notified, the
Inquiry Commission shall order the record, together with such investigative evidence
as may have been obtained, to be submitted to the Board."
4 See Myles v. Kentucky Bar Association, 289 S.W.3d 561 (Ky. 2009); Myles v.
Kentucky Bar Association, 366 S.W.3d 919 (Ky. 2012).
3
to properly handle a client's case and then failed to respond to the Inquiry
Commission's request for information. 245 S.W.3d 196. The attorney in
Quesinberry had a prior disciplinary history similar to Myles. Id. at 196; see
also Kentucky Bar Association v. Miniard, 289 S.W.3d 191 (Ky. 2009). It is
apparent that throughout the OBC and the Inquiry Commission's processing of
this matter, Myles has persisted in failing to appropriately respond to lawful
inquiries. When he did correspond with the OBC and the Inquiry Commission,
his assurances were later proven to be false. Given Myles's conduct and also
considering his disciplinary history, a 61-day suspension is appropriate. We
agree with the Board's findings and hereby adopt its recommendation.
Therefore, it is hereby ORDERED that:
1. Travis 0. Myles, Jr. is suspended from the practice of law in this
Commonwealth for sixty-one (61) days to be served consecutive to any other
discipline, effective upon the date of entry of this Order;
2. Pursuant to SCR 3.450, Myles is directed to pay all costs associated
with these disciplinary proceedings, in the amount of $233.39 for which
execution may issue from this Court upon finality of this Opinion and Order;
and
3. Pursuant to SCR 3.390, Myles shall, within ten (10) days from the
.
entry of this opinion and order, provide written notice to his clients of his
inability to represent them; provide written notice to all courts in which he has
matters pending of his suspension from the practice of law; and furnish copies
of all letters of notice to the Executive Director of the Kentucky Bar
4
Association. Furthermore, to the extent possible, Myles shall immediately
cancel and cease any advertising activities in which he is engaged.
All sitting. All concur.
ENTERED: April 17, 2014.
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Kentucky Bar Association v. Travis Olen Myles Jr
Combined Opinion