TO BE PUBLISHED
$5uprritir 0:ourt ofTc.g.
2008-SC-000934-KB
DATIEvm_uzl
KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
CHARLES C. LEADINGHAM RESPONDENT
OPINION AND ORDER
Respondent, Charles C. Leadingham, was admitted to the practice of law
in the Commonwealth of Kentucky on October 30, 1987. His bar roster
address is 215 15th Street, P.O. Box 387, Ashland, Kentucky 41105. The KBA
Board of Governors considered a' charge of misconduct with four counts
against the Respondent related to his representation of Ed V. McGuire.
The Board of Governors considered this a default case at its November
21, 2008, meeting. Per the Board's findings, Respondent was hired by Mr.
McGuire to file a lawsuit against the former owners of Mr. McGuire's house.
Respondent prepared a complaint, but never filed it nor would he return any of
Mr. McGuire's phone calls. The Disciplinary Clerk had Respondent personally
served with a complaint from the Inquiry Commission with a notice that failure
to respond could subject Respondent to an additional charge of misconduct.
Respondent did not timely respond. A day before the Board of Governor's
meeting, Respondent tendered a response with a motion to file a late answer.
The Board denied the request and heard the four counts of the charge against
the Respondent.
Count I is based upon the above facts, including Respondent's failure to
file the lawsuit on behalf of Mr. McGuire after being hired to do so, failure to
return phone calls, and failure to provide Mr. McGuire with any information
regarding the lawsuit. Count I charged the Respondent with a violation of SCR
3.130-1.3. which provides:
A lawyer shall act with reasonable diligence and
promptness in representing a client.
Count II charged Respondent with a violation of SCR 3.130-1.4, which
states:
(a) A lawyer should keep a client reasonably informed
about the status of a matter and promptly comply with
reasonable requests for information.
(b) A lawyer should explain a matter to the extent
reasonably necessary to permit the client to make
informed decisions regarding the representation.
Count III is based on Respondent's acceptance of Mr. McGuire's money
to file the lawsuit and his failure to file the lawsuit or return the money. Count
III charged the Respondent with violation of SCR 3.130-1.15(b), which provides:
Upon receiving funds or other property in which a
client or third person has an interest, a lawyer shall
promptly notify the client or third person. Except as
stated in this rule or otherwise permitted by law or by
agreement with the client, a lawyer shall promptly
deliver to the client or third person any funds or other
property that the client or third person is entitled to
receive and, upon request by the client or third person,
shall promptly render a full accounting regarding such
property.
2
Count IV is based on the above facts, including Respondent's failure to
respond to the Complaint despite receiving letters from both the Disciplinary
Clerk and Bar Counsel informing Respondent that failure to respond results in
a disciplinary charge. Count IV charged the Respondent with a violation of
SCR 3.130-8.1(b), which provides:
[A] lawyer in connection with . . . a disciplinary matter,
shall not, . . . knowingly fail to respond to a lawful
demand for information from . . . [a] disciplinary
authority. . . .
The Board of Governors made the following findings of fact:
13. Respondent failed to file an answer within the
time required by the Supreme Court Rules, and the
Board of Governors denied Respondent's Motion to File
Late Answer. Therefore, Respondent is before the
Board of Governors of the KBA by default.
14. The Board finds by a preponderance of the
evidence that the Respondent failed to file the lawsuit
on behalf of Mr. McGuire after Mr. McGuire hired
Respondent to do so.
15. The Board finds by a preponderance of the
evidence that the Respondent failed to return Mr.
McGuire's telephone calls and failed to provide Mr.
McGuire any information regarding Respondent's
failure to file the lawsuit.
16. The Board finds by a preponderance of the
evidence that the Respondent accepted Mr. McGuire's
money to file a lawsuit, but did not file the lawsuit and
did not return the money.
The Board of Governors found the Respondent:
[G]uilty of the violation set forth in Count I of the
Charge by a vote of 17-0; found the Respondent guilty
of the violation set forth in Count II of the Charge by a
vote of 17-0; found the Respondent not guilty of the
violation set forth in Count III of the Charge by a vote
3
of 13-4; and found the Respondent guilty of the
violation set forth in Count IV of the Charge by a vote
of 14-3. One member recused himself from discussion
of the case and the vote.
After finding Respondent guilty of three of the four counts charged, the
Board considered an appropriate discipline. The Respondent had a previous
discipline on May 24, 2001, for violating SCR 3.130-1.4(a) and SCR 3.130-
1.6(d) resulting from Respondent's failure to return a client's telephone calls
and answer her letter, and his failure to advise the client he was no longer
representing her in a divorce case. At that time, Respondent received a public
reprimand. This time the Board recommends a sixty-one day suspension plus
costs.
Under SCR 3.370(10), if either party does not file a notice of review, or
the Court notify the parties of its review, the Court shall enter an order
adopting the Board's decision. Neither party has filed a notice for this Court to
review the Board's decisiOn, and this Court elects not to do so under SCR
3.37(9). Accordingly, this Court adopts the Board of Governors' decision and
orders that:
(1) The Respondent, Charles C. Leadingham, be and is hereby
suspended from the practice of law for sixty-one days;
(2) The costs of these proceedings, certified by the Executive Director to
be $359.28, is assessed against the Respondent, Charles C.
Leadingham;
(3) Pursuant to SCR 3.390, Charles C. Leadingham shall notify all
courts in which he had matters pending, and all clients for whom he
4
is actively involved in litigation and similar legal matters, of his
inability to continue to represent them, and of the necessity and
urgency of promptly retaining new counsel. Simultaneously,
Respondent shall provide a copy of all such letters to the Director of
the Association; and
(4) Respondent, Charles C. Leadingham shall immediately, to the extent
possible, cancel and cease any advertising activities pursuant to
SCR 3.390.
All sitting. All concur.
ENTERED: March 19, 2009.
CHIEF JUSTICE
5