RENDERED: NOVEMBER2, 2017
TO BE PUBLISHED
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KENTUCKY BAR ASSOCIATION MOVANT
v. IN SUPREME COURT
JUSTIN ROSS MORGAN RESPONDENT
OPINION AND ORDER
Justin Ross Morgan, Kentucky Bar Association (KBA) Number 86844,
was admitted to the practice· of law in the Commonwealth of Kentucky
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on
October 16; 1997, and his bar roster address is listed as P.O. Box 23190
Lexington,- Kentucky 40523. The Board of Governors found Morgan guilty of
violating SCR 3.130-1.3, -l.4(a)(4), -l.5(a), -Li6(d), and -8.l(b). For these
violations, the Board recommends Morgan: 1) be suspended from the practice
of law for one year, to run consecutive to any current suspension; 2) pay his
former client $8,500.00 in restitution; and 3) pay all associated costs. For the
following reasons, we adopt the Board's recommendation.
I. BACKGROUND
Christy Justice·hired Morgan to represent her in a matter involving child
custody and divorce. The proceedings had taken place in Virginia, but Justice
had moved to Kentucky, where she.retained Morgan to appropriately register
the Virginia orders. Justice initially paid Morgan a $3,500 retainer. A mon~h·
later, Justice also hired Morgan to represent her in a legal fee dispute with her
former counsel in the Virginia divorce case. She paid him an additional $5,000
retainer for that representation. Morgan took no action on Justice's behalf. He
neither filed any proceedings nor registered the Virginia orders. Justice was
unable to reach Morgan after numerous attempts. Morgan kept Justice's file
and all of the paperwork regarding the Virginia action.
Justice filed a complaint with the Client Security Fund, which was
converted to a bar compliant. Morgan did not respond. Thereafter, the Inquiry
Commission filed a formal charge, which was eventually served ~pon Morgan
through the KBA's Executive Director pursuant to SCR 3.175, after attempts to
serve Morgan by certified mail and through the Fayette County Sheriffs Office
failed. Morgan did not respond to the charge, and it reached the KBA's Board
of Governor's as a default case pursuant to SCR 3.210.
The Inquiry Commission· charged Morgan with violating: (1) · SCR 3 .130-
1.3 for failing to act with "reasonable diligence and promptness in
representing" Justice; (2) -1.4(a)(4) for failing to "promptly comply with
[Justice's] reasonable ·requests for information"; (3) -l .5(a) for charging an
unreasonable fee; (4) -l.16(d) for retaining Justice's file, property, and
unearned fee upon the termination of the representation; and (5_) -8. l(b) for
knowingly fai~ing "to respond to a lawful demand for ihformation from an
·admissions or disciplinary authority."
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· The Board of Governors (with two members recused), unanimously found
Morgan guilty of violating the first four counts of the charge, and found him
guilty of the final charge by a vote of twelve-to-two.
II. BOARD'S RECOMMENDATION
In reaching its recommendation as to Morgan's discipline, the Board
considered his prior disciplinary history. In 2010, ~his Court privately
reprimanded Morgan after he failed to perform legal services and advertised for
offering expungement services through a limited liability corporation, which
was not a viable entity.· In 2015, Morgan was suspended for ninety days from
the practice of law after he was found in contempt of court for failing to pay
child support. Also in 2015, Morgan was suspended for failing to pay his bar
dues and fulfill his continuing legal education requirements. Then, most
recently, this Court suspended Morgan for 181 days for failing to respond and
failing to properly explain matters to his client. In addition to the suspension,
we ordered Morgan to attend the Ethics and Professional Enhancement
· Program (EPEP) and referred him to the Kentucky Lawyer Assistance Program
(KYLAP).
Given Morgan's disciplinary history, the Board considered two courses of
action in the present matter: a one..:year suspension and permanent
disbarment. Ultimately, the Board voted eleven-to-three in favor of its current
recommendation to suspend Morgan for one year, and order him to repay
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Justice's $8,500 and to pay the costs of this action.
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III. ADOPTION OF BOARD'S RECOMMENDATION
Pursuant to SCR 3.370(9),1 this Court adopts the unanimous
recommendation of the Board given: 1) the significance of Morgan's violations,
2) the fact that he failed to respond to the complaint or charge, and 3) his
disciplinary history. Our precedent supports the Board's recommendation.
For example, in Coorssen v. Kentucky Bar Ass'n, 266 S.W.3d 237 (Ky. 2008),
this Court suspended Coorssen from the practice of law for one year, with 181
days to be served and the remainder probated for two years subject to certain
conditions, after he failed to return client telephone calls, failed to provide
clients with information concerning the status of their cases, failed to return
unearned fees, and failed to properly withdraw from a case. While all but 181
days of that suspension was probated, we agree with the Board that, due to
Morgan's extensive disciplinary history, he should serve his suspension in full.
Agreeing that the Board's recommended sanction is appropriate, it is
ORDERED that:
1. Morgan is found guilty of the above-described violations pf the Rules
of Professional Conduct and thus suspended from the practice of law
for one year, to run consecutive to any current suspensi9n; and
2. Morgan is hereby ordered to repay Justice $8,500; and
1 SCR 3.370(9) provides that "[i]fno_notice of review is filed by either of the
parties, or the Court under paragraph eight (8) of this rule, the Court shall enter an
order adopting the decision of the Board or the Trial Commissioner, whichever the
case may be, relating to all matters." ·
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3. In accordance with SCR 3.450,"Morgan is directed to pay all costs
associated with these disciplinary proceedings against him, said sum
be.ing $421.87, for which execution may issue from this Court upon
finality of this Opinion and Order; and
· 4. Pursuant to SCR 3.390, Morgan shall, within ten days from the entry
of this Opinion and Order, notify all Kentucky clients, in writing, of
his inability to represent them; notify, in writing, all Kentucky 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 of the KBA. Furthermore, to the extent possible, Morgan
shall immediately cancel and cease any advertising activities in which
he is engaged.
A~l sitt.ing. All concur.
ENTERED: November 2, 2017.
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