SEPTEMBER 28, 201 7
TO BE PUBLISHED
~upmnt filnurl nf ~~~ jA
. 2017~SC-000142-KB . .
l
.
[Q) ~U~(~lro)t1 I(,~ <2JWldt1,DC.
KENTUCKY BAR ASSOCIATION MOVANT.
. v. IN SUPREME COURT
JAMES GRANT KING RESPONDENT
AND
201 7 -SC-000245
JAMES GRANT KING MOVANT
v. IN SUPREME COURT
·KENTUCKY BAR ASSOCIATION RESPONDENT .
OPINION AND ORDER
Movant, James Grant King, Kentucky Bar Association (KBA) Number
88465, 1 admits to violating the Kentucky Rules of Professional Conduct and
I King was admitted to the practice of law in Kentucky on October. 23, 2000,
and his bar roster address is 115 Noah Cove, Suite A, Paducah, Kentucky 42003.
moves this Court to impose the sanction of permanent disbarment. The KBA
has no objection to King's motion.
I. BACKGROUND
The. misconduct leading up to King's motion to resign under_ terms of
permanent
.
disbarment spans six KBA files and
.
occurred- over.the course of
\..
more than a decade .. Only one of the files has progressed to the point of the
' .
KBA issuing charges; however, King acknowledges that sufficient facts exist in
the remaining files to justify the issuance of charges. ·In order to terminate all
KBA proceedings, he seeks to resign under terms of pe~anenf disb_arment. ·
The facts contained in the KBA files are disconcerting to say the least.
On separ.ate occasions, ·King used various clients' funds for his personal use.
To do so, King used an assortment of tactics. He lied about S(_!ttlement·
agreements, failed to reimburse entities with subrogation interests, wrote cold
checks, and falsified information. King has since been indicted on three _felony
charges related to fraud he perpetrated after defaulting on a loan.
A. KBA File 16-DIS-0012
King represented Duane Isbell in a personal injury actibn in 2006. An
agreed order was entered in 2007 stating Isbell would receive $75,000, but
would be required to. reimburse Medicare for his medical bills. King placed
$20,000 of_ the settlement in escrow, purportedly to pay Medicare following
negotiations of the total bill. King collected his fee out of the remaining
$55,000, then di~tributed the balance to Isbell. King.negotiated a
. reimbursement total of almost $14,000 with Medicare in 2008 and sent Isbell a
- .
2
letter in 2009 indicating he paid Medicare. In 2010, King gave Isbell a check
for around $6,000, which should have been.the balance remaining in the
escrow account after paying Medicare. Isbell grew concerned when years
passed without him receiving a release from Medicare. In 2013, King sent
Isbell a letter and a second check purportedly to Medicare from a separate
escrow account. However,. that account had been
.
drained of funds.
In 2016, MediCare told Isb~ll it had never received a check from King and
that interest had accrued over the years. Isbell's balance at that time was
more than $25,000. Isbell and Medicare both requested a copy of the cancelled
check from King, but King responded to neither party.
The Inquiry Commission charged King with violating SCR 3.130-1.3 for
' ' ' ~ '
failing to pay Medicare on Isbell's behalf, -1.15(a) for comingling funds, and -
8A(c) for deceiving Isbell with a check written to Medicare from an account he
.knew had a 2,:ero balance and dishonestly misappropriating the funds he
should have used to pay Medicare.
B. KBA File--16-DIS-0393
Bruce Jett, King's neighbor, loaned King $97,500. Under the terms of
the promissory note, King was to pay interest of 3.5% per annum and pay the
loan off in full within a year. King also signed_ the title of a bass boat over to.
Jett as collater~l. After King failed to make any payments on the loan, Jett
attempted to transfer the title to the boa~ into his name as partial payment for
the debt. However, King had fraudulently applied for a lost title and used. the
copy to sell the boat to another .individual. King apparently used the funds to
3
/
purchase another boat. King gave the new boat to Jett as ·partial repayment,
but Jett had to .pay a balance on the boat, as King could not pay the difference.
As of the time this ca.se was filed, King still owed Jett approximately $30,000, /
with interest continuing to accrue.
Based on these actions, the McCracken County Grand Jury indicted King
.. .
of three felonies: defrauding a secured creditor, entering fals_e information. to
produce a title document, and theft by deception.
The Inquiry Commission has not issued a formal
., charge related to this
KBA file, as it placed the case in abeyance pending the outcome of the _
underlying criminal charges.
C. KBA File 17-DIS-0067
Randall and Holley ReaViis hired King to represent them in a car wreck
case. The Re~vises also granted King a limited power of attorney. King signed
an agreement on behalf of Holley, settling her case for $33,000 and releasing
all clai~s. However, in spite of this settlement, King continued to advise the
c
Reavises that their case was still ongoing. Holley finally contacted the
insurance carrier, i:ind was. advised her claim had been settled and a check had
been issued. Holley also learned that Randall's claim had ·been settled for
$60,000 and
.
th'at his check had also been
.
issued. Both checks were mailed
J
to
King's office and both had cleared.
I . '
Based upon these facts, King was charged with two counts of theft by
failure to make required disposition of propert,Y. Just as with the previous file,
the Inquiry Commission has yet to issue a for~al charge.
'\.
4
(
D. KBA File 17-DIS-0051
Ron Brisbon hired King _in 2011 to represent hiin in a personal injury
claim against Allstate Insurance. Since hiring King, Brisbon has been
contacted by medical providers and bill .collectprs regarding unpaid medical
./
( .
bills. King consisten.tly told Brisbon that his daim had yet to settle-even as
recently as Decemper 2016. However, when Brisbon contacted Allstate,
Allstate informed Brisbon his claim had Jettied in 2012 and provided Brisbon a
copy of the check. The Inquiry Commission has yet tO issue a formal charge,in
this file.
/
E. KBA File 17-DIS-0155
/
King agreed to represent a close friend, Robert Fell, in a personal injury~ .
. .
action in .2013. In 2014, Fell was issued a check for approximately $12,000,
but King told him these funds were only for his ~ehicle-.and that his doctor's
visits were not covered. When Fell heard of King's arrest for stealing clients'
funds, he called the insurance company. Fell discover_ed that the case had
·actually been settleg for, $50,000',
.
and the check had been
, made payable to
;
both Fell and King's law gffice. The Inquiry Commission has yet to issue a
fornial charge.
F. KBA File 17-DIS-0166.
Ira Littrell paid King a $1250 retainerron April 17, 2017," to i::epresent him
ih a fraud case. King deposited the check iri his bank account that day. King
. '
I .
~as arrested on_ April 28, 2017, and (as~ of the date the motions in the current
, case were filed) has remained incarcerated. Littrell filed this complaint after he
5
.....
f
realized King would not be able to represent him in the matter or refund his
money. The Inquiry Commission has yet to issue a formal charge related to
this file.
II. DISCIPLINE
King acknowledges that the conduct leading to the disciplinary and
· criminal charges d~scribed in the. KB~ fil~s would be sufficient to permanently
disbar him from the ·pr~ctice of law in the Commonwealth of Kentucky. He
I
'
agrees that the conduct described in these files fails to comply with SCR 3.130-
\ '
8.4(b), -8.4(c), -.1.3, and -1.lS(a). He also agrees that there are sufficient facts
(j
to justify the issuance of charges in the files on wJ.+ich he halyet to be charged.
· King asks that this Court terminate all KBA proceedings against him by
granting his motion to resign under terms of permanent disbarment pursuant
to SCR 3.480(3). King understands that this decision is unconditional, final,
and irrevocable and that he will never be reinstated to the practice of law in the ·
Commonwealth of Kentucky.
We agree that King's motion to withdraw his membership is appropriate
pursuant to SCR 3.480(3). ·Therefore, it is hereby ORDERED ~at:
1. James Grant King is permane;ritly disbarred from the practice of law;
and
2. The Kentucky Bar Association's Petition f~r Temporary Suspension (in
case number 2017-~C-000142-KB) pursuant to SCR 3.165 is hereby ·
denied as moo~; and
6
3. In a:ccordance witl'i·scR 3.4SO, King shall pay all costs associated·
. - (
with these proceedings, .said sum being $182.45, for which execution,
, .
may issue from this Court upon finality of this Opinion and Order;
and
4. Pti.rsuant to .SCR 3.390, King shall, within ten (10) days from the
entry of this O,pinion and Order, notify all clients, in writing, o_f hi_s
inability to represent them; notify, in writing, all courts' in which he
has matters pending of his disbarment from the' practice of law; and
,\...,
furnh:;h copies of all letters of notice to the Office of Bar Counsel.
Furthermore,
.
to the extent possible, King shall immediately cancel
·~
and cease any advertising activities in which1 he .is engaged.
All sitting .. All concur.
ENTERED: September 28, 2017.
CHI
• i··~".';'"f:-...-.(~.... :.. =.:·: ~ - .;.'
• ·" ~- ..... ·:~. • : •. +.
r
7