LE:
,*ujIrrittr (Court of
2015-SC-000405-KB
KENTUCKY BAR ASSOCIATION
DATE t•--I0-15- £,,,A,'S.C,
M OVANT
V. IN SUPREME COURT
REBECCA COX VENTER RESPONDENT
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association (KBA) has
recommended that Rebecca Cox Venter be found guilty of several counts of
misconduct, and be suspended from the practice of law for 60 days.
Venter was admitted to the practice of law in the Commonwealth of
Kentucky on October 13, 1995. Her KBA number is 86006 and her bar roster
address is 105 Glades Street, Berea, Kentucky 40403.
The allegations of misconduct in this case, KBA File No. 23162, stem
from Venter's representation of David Keller in a divorce action.' Keller prepaid
fees in an amount not disclosed in the record. Venter filed a petition for
dissolution in June 2010 but failed thereafter to prosecute the matter. A notice
to dismiss the case for lack of prosecution was sent to Venter in May 2013, and
the case was dismissed in June 2013. Venter did not inform Keller that the
case was dismissed, and he did not become aware that the divorce was not
1 These facts are taken from the charge issued against Venter. The Board of
Governors' findings of fact do not address Venter's conduct other than to describe in
vague detail the counts in the charge. For example, the Board's findings do not even
identify the client.
final until a friend checked for him. Keller has attempted to contact Venter, but
she has failed to respond. She has not returned any fees paid to her by Keller.
Keller filed a bar complaint in October 2014. A copy of the complaint was
mailed to Venter, but personal service was unsuccessful. Service was
eventually accomplished by service on the Executive Director of the KBA under
SCR 3.175(2). With the complaint, the Office of Bar Counsel included a letter
notifying Venter that additional information was required from her and that
failure to respond could result in an additional charge of misconduct under
SCR 3.130-8.1. Venter never responded to the complaint.
The Inquiry Commission issued a five-count charge alleging that Venter
violated: (1) SCR 3.130-1.3 2 by failing to act with reasonable diligence in
representing Keller; (2) SCR 3.130-1.4(a)(3) 3 by failing to tell Keller that the
case had been dismissed; (3) SCR 3.130-1.4(a)(4) 4 by failing to respond to
Keller's requests for information and attempts to communicate with her; (4)
SCR 3.130-1.5(a) 5 by charging an unreasonable fee to represent Keller in the
divorce action because she failed to prosecute the matter and did not refund
2 "A lawyer shall act with reasonable diligence and promptness in representing
a client." SCR 3.130-1.3.
3 "A lawyer shall ... keep the client reasonably informed about the status of the
matter ...." SCR 3.130-1.4(a)(3).
"A lawyer shall ... promptly comply with reasonable requests for information
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" SCR 3.130-1.4(a) (4).
5"A lawyer shall not make an agreement for, charge, or collect an unreasonable
fee or an unreasonable amount for expenses." SCR 3.130-1.5(a).
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any prepaid fee; and (5) SCR 3.130-8.1(b) 6 by failing to respond to the Office of
Bar Counsel's requests for information.
A copy of the charge was personally served on Venter by a Madison
County Sheriff's Deputy on March 13, 2015. Venter did not answer the charge,
and the matter was submitted to the Board of Governors as a default case
under SCR 3.210(1). On counts 1, 2, and 5, the Board voted 18 to 0 (with 2
recused) to find Venter guilty. As to count 3, the Board voted 10 to 8 to find her
guilty. As to count 4, the Board voted 18 to 0 to find her not guilty.
The board then considered Venter's disciplinary history since her
admission to the bar in 1995. Her disciplinary history consists of only one
case, but it is a significant one. In Kentucky Bar Association v. Venter, 463
S.W.3d 343 (Ky. 2015), issued this past June, this Court suspended Venter
from the practice of law for 181 days. As detailed in that opinion, which
addressed three separate KBA files, Venter appears to have a significant
substance-abuse problem that has manifested in multiple criminal charges and
failures to carry through on client matters.
The Board noted in its recommendation that the facts of this case
"appear causally related to the problems documented in the prior charges." The
Board voted 18 to 0 to recommend that Venter be suspended for 60 days, with
that suspension to be served consecutively to that previously ordered by this
Court. The Board also stated that Venter should be referred to the Kentucky
6 "[Al lawyer ... in connection with a disciplinary matter, shall not ... knowingly
fail to respond to a lawful demand for information from an admissions or disciplinary
authority ...." SCR 3.130-8.1(b.)
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Lawyers Assistance Program (or KYLAP) for evaluation, treatment, and
assistance, as necessary and as previously recommended, though that was not
included in its final recommendation, presumably because she has already
been ordered to consult with KYLAP.
Neither the KBA's Office of Bar Counsel nor Venter has sought review by
the Court under SCR 3.370(7). Furthermore, this Court declines to undertake
review pursuant to SCR 3.370(8). Thus, the Board's decision is adopted in full
under SCR 3.370(9).
Order
ACCORDINGLY, IT IS ORDERED THAT:
1. Rebecca Cox Venter is found guilty of the above-described violations
of the Rules of Professional Conduct in KBA Case No. 23162.
2. Venter is hereby suspended from the practice of law in this
Commonwealth for a period of 60 days, to be served consecutively to
the 181 days previously ordered.
3. In accordance with SCR 3.450, Venter is directed to pay all costs
associated with these disciplinary proceedings against her, said sum
being $275.03, for which execution may issue from this Court upon
finality of this Opinion and Order.
All concur.
ENTERED: October 29, 2015.
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