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McNew v. Kentucky Bar Association2/17/2005
TO BE PUBLISHED
OPINION AND ORDER
The Movant, Donna K. McNew, KBA Member No. 82102, petitions this Court to enter an order permanently disbarring her from the practice of law in the Commonwealth. The Movant, whose last known address is 624 Madison Avenue, Covington, Kentucky 41011, requests permanent disbarrment for the numerous charged and uncharged violations of The Kentucky Rules of Professional Conduct as follows:
(a) three counts of violating SCR 3.130-1.3 (diligence);
(b) five counts of violating SCR 3.130-1.4(a) (communication);
(c) two counts of violating SCR 3.130-1.4(b) (communication);
(d) three counts of violating SCR 3.130-1.15(b) (failure to provide funds to a client);
(e) four counts of violating SCR 3.130-8.1(b) (failure to comply with request from disciplinary authority); and
(f) seven counts of violating SCR 3.130-8.3(c) (dishonesty, fraud, deceit or misrepresentation).
In addition to permanent disbarrment, Movant also agrees to pay the costs of the investigation and disciplinary action.
Wal-Mart Cases
Movant represented Dorothy Young in an action against Wal-Mart. Without Young's knowledge or consent, Movant signed an agreed order dismissing the case with prejudice and signed a general release of all claims. Movant failed to inform Young of the settlement, kept the $10,000.00 settlement check, and failed to respond to the Inquiry Commission's complaint. Movant admits that she violated SCR 3.130-1.4(a) and (b), 1.15(b), 8.1(b), and 8.3(c).
Movant also represented Juanita Talley in her action against Wal-Mart. The case was dismissed with prejudice for Movant's failure to prosecute; however, Movant did not inform Talley of the dismissal and continued to maintain that she was negotiating a settlement in the case. Movant admits that she violated SCR 3.130-1.4(a) and 8.3(c) in her representation of Talley.
Disability/Workers' Compensation Cases
Movant undertook representation of Terri L. Combs to obtain disability benefits from Combs's employer's insurance carrier. Movant did not pursue Combs's claim, yet maintained to Combs that the case was underway. Movant ignored Combs's various requests for information and failed to respond to Combs's bar complaint. Movant admits that she violated SCR 3.130-1.3, 1.4(a), and 8.1(b).
Movant agreed to represent Vickie Woodall in a workers' compensation claim. Movant did not file a claim on Woodall's behalf or take any steps to pursue the claim; yet she told Woodall that she was awaiting a court date for the claim she had filed.
Movant also failed to respond to Woodall's bar complaint. Movant admits that these acts violated SCR 3.130-1.3, 8.1(b), and 8.3(c).
E. Myron R.H. Rader sought Movant's legal services for a workers' compensation claim and a civil lawsuit he wished to file. Movant failed to take any action on behalf of Rader and misled Rader on several occasions by stating that she was waiting on a summary judgment ruling, had obtained summary judgment, or was waiting for news on the workers' compensation claim. Eventually Movant stopped responding to Rader's phone calls. Movant admits that her actions violated SCR 3.130-1.3, 1.4(a), and 8.3(c).
Personal Injury Case
Movant represented John Santini in his personal injury action. Movant settled the case and signed a release of all claims on behalf of Santini without his knowledge. When she received the $11,000.00 settlement check, she forged Santini's name and kept the money for herself. She also failed to respond to Santini's bar complaint. Mova
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