TO BE PUBLISHED
S5uyrrtur Court of lfirttfurkg
2016-SC-000379-KB
KENTUCKY BAR ASSOCIATION MOVANT
V. IN SUPREME COURT
GEORGE KEITH WELLS RESPONDENT
KBA MEMBER NO. 75710
OPINION AND ORDER
Respondent, George Keith Wells, was admitted to the practice of law in
the Commonwealth of Kentucky on October 3, 1979. His bar roster address is
249 Main Street, Paintsville, KY 41240, and his Kentucky Bar Association
(KBA) member number is 75710.
A client of Respondent, Johnny Caudill, filed a Complaint against him on
July 2, 2015. Mr. Caudill alleged that he paid Respondent $10,000 to perform
a mineral title examination and to commence an action concerning oil leases.
Respondent informed Mr. Caudill that he had completed the title examination
and that a written report would be forthcoming. However, Respondent failed to
take further steps in the representation. Following the filing of the complaint
and charges in this file, Respondent failed to respond in any manner.
Respondent was charged with violating Supreme Court Rule ("SCR")
3.130-1.3 (requiring reasonable diligence); SCR 3.130-1.4(a)(3) and (4)
(requirement to keep the client informed about the status of the matter and
promptly respond to the client's reasonable requests for information); SCR
3.130-1.16(d) (requirements for termination of representation); and SCR 3.130-
8.1(b) (failing to respond to lawful demands for information from a disciplinary
authority). In addition to the grievances discussed herein, Respondent was
suspended from practicing law in Kentucky in January, 2016, for his failure to
comply with continuing-legal-education requirements and failure to pay bar
dues.
After considering the charges alleged in the present case, the Board
recommends that Respondent be suspended from the practice of law for 61
days, pay the costs incurred in the proceeding, and repay the $10,000.00 fee to
his client. Prior to issuing their decision, the Board specifically considered
suspending Respondent for 181 days with the same conditions. The Board
ultimately voted in favor of a 61 day suspension and repayment as follows: 12
votes in favor and 6 votes not in favor. We adopt the Board's findings herein.
ACCORDINGLY, IT IS ORDERED:
1. Respondent, George Keith Wells, KBA member number 75710, is
found guilty of violating the Kentucky Rules of Professional Conduct, including
SCR 3.130-1.3; SCR 3.130-1.4(a)(3) and (4); SCR 3.130-1.16(d); and SCR
3.130-8.1(b).
2. Respondent is suspended from the practice of law for a period of 61
days effective from the entry of this Opinion and Order.
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3. Within twenty (20) days of the date of the entry of this Opinion and
Order, Respondent shall repay the $10,000.00 fee to his client, Johnny Caudill.
4. Pursuant to SCR 3.390, Respondent shall, if he has not already done
so, within ten (10) days from the entry of this Opinion and Order, notify all
clients, in writing, of his inability to represent them; notify, in writing, 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 Office of Bar Counsel.
Furthermore, to the extent possible, Respondent shall immediately cancel and
cease any advertising activities in which he is engaged.
5. Pursuant to SCR 3.450, Respondent is directed to pay all costs
associated with these disciplinary proceedings in the amount of $309.20 for
which execution may issue from this Court upon finality of this Order.
All sitting. All concur.
ENTERED: September 22, 2016.
Crj;le CHFJUSTIE
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