TO BE PUBLISHED
,Supremr Courf of rufurhV
2005-SC-0826-KB _
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RUSSELL L . CROLEY MOVANT
KBA NO. 15853
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION AND ORDER
Russell L. Croley, KBA Member No . 15853, whose last bar roster address is Oak
Tree Plaza, Suite 1 A, 1601 W. Everly Brothers Blvd, Central City, KY 42330, was
admitted to the practice of law in 1976 . Croley moves this Court, through counsel and
through agreement with the Kentucky Bar Association, to sanction him with public
reprimand for violations of SCR 3 .130-1 .3, SCR 3 .130-1 .4(a), SCR 3 .130-1 .8(h), and
SCR 3 .130-5 .3.
On September 22, 1998, a husband and wife retained Croley to represent them
in a personal injury case arising out of an automobile accident that occurred on
September 10, 1998 . Croley collected and obtained documentary evidence to support
the case, including medical records, bills, and photographs. In May 1999, the
husband's medical treatment was completed . By that time, however, Croley failed to
either effectuate a settlement or timely file the lawsuit .
In September 2002, after many unanswered telephone calls to Croley, the wife
called the circuit clerk's office and discovered that Croley had failed to file the lawsuit on
the husband's behalf. She then contacted the insurance company and discovered that
the time for filing the claim had passed .
On September 21, 2002, they sent a letter to Croley demanding to know the
status of the case . Two meetings ensued . At the first, Croley informed the clients that
he failed to file the lawsuit in a timely manner because his office staff had not entered
the deadline on the calendaring system . At the second meeting, Croley attempted a
settlement for $25,000 . He did not advise them in writing that they should seek the
advice of another attorney . Rather, he delivered a $5,000 check to them, which was
not cashed .
The clients sought other counsel and eventually filed a professional negligence
lawsuit against Croley. This case was settled between the parties in the amount of
$141,000 .
Croley admits violating all four Charges from the Inquiry Commission : SCR
3.130-1 .3 by failing to diligently pursue a settlement in his client's case, and by failing to
file a lawsuit prior to the expiration of the statute of limitations ; SCR 3.130-1 .4(a) by
failing to adequately communicate with his clients in failing to return phone calls or
otherwise respond and by failing to respond to the clients' requests for information;
SCR 3.130-1 .8(h) by attempting to settle a professional negligence claim with his client
without first advising them in writing that independent representation is appropriate ;
and, SCR 3.130-5 .3 by failing to properly supervise his nonlawyer staff by alleging that
his secretary failed to properly calendar the filing deadlines .
In its brief to this Court, the KBA urges a public reprimand as the appropriate
sanction . It cites several cases that have issued public reprimand for failure to file a
lawsuit on the client's behalf prior to the running of the statute of limitations . In addition
to the failure to file timely this lawsuit, Croley offered a $25,000 settlement for a
$141,000 case to unrepresented clients . Furthermore, he blamed his secretary for the
calendaring mistake when the clients had repeatedly called for the previous four years .
Croley, with nearly 30 years of practice, has acknowledged his misconduct and states
that he has implemented more effective office procedures for calendaring deadlines .
This incident marks the first time lawyer discipline will be imposed upon Croley.
He has settled the matter with these clients and he claims that he will not have a similar
calendaring mistake in the future . He also admits the violations listed above.
THEREFORE, IT IS HEREBY ORDERED :
1. Russell L . Croley is publicly reprimanded for violations of SCR 3 .130-
1 .3, SCR 3.130-1 .4(a), SCR 3 .130-1 .8(h), and SCR 3.130-5 .3.
2. Pursuant to SCR 3.450, Croley is directed to pay all costs associated
with these disciplinary proceedings in the amount of $8 .15, for which
execution may issue from this Court upon finality of this Order.
All concur.
ENTERED : November 23, 2005.
ATTORNEY FOR MOVANT : ATTORNEY FOR RESPONDENT :
Douglas W . Gott Bruce K. Davis
Bell, Orr, Ayers and Moore Executive Director
1010 College Street
P .O. Box 738 Dana Cox Nickles
Bowling Green, KY 42102-0738 Deputy Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601