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Kentucky Bar Association v. Sivalls6/16/2005
TO BE PUBLISHED
OPINION AND ORDER
On January 14, 2005, the Kentucky Bar Association Board of Governors reviewed fifteen files regarding Respondent, Tammie Jones Sivalls, whose bar roster address is 1101 Oriole Avenue, Mount Sterling, Kentucky. While a full recitation of the facts of all fifteen files is unnecessary, a brief summary of the charges is worthwhile. Thirteen of the files arise from Respondent's mishandling of thirteen separate clients. A common thread of misconduct is apparent each arises initially from Respondent's lack of diligence and her failure to communicate with her clients. Because she has not responded to any of the fifteen complaints issued by the Inquiry Commission, each file also contains a violation of SCR 3.130-8.1(b), failure to respond to a disciplinary authority. Many of the files also involve Respondent's failure to notify clients of termination of representation, her failure to protect her clients' interests, and conduct reflecting adversely on Respondent's honesty, trustworthiness, or fitness as an attorney.
The remaining two files involve the most egregious conduct. The first involves Respondent's representation in a personal injury lawsuit on behalf of two clients ; she served as local co-counsel in the matter with William Driscoll. The representation came to a close when a settlement was reached with Allstate Insurance Company, who later issued checks and sent them to Mr. Driscoll. Mr. Driscoll forwarded the checks to Respondent for endorsement by the clients, with the intention that Respondent would return the checks for deposit into Mr. Driscoll's escrow account. For some two months thereafter, Mr. Driscoll was unable to contact Respondent. Through correspondence with the insurance company, Mr. Driscoll learned that one of the settlement checks had cleared the bank and that his own signature had been forged (and misspelled) on the back of that check. In the meantime, Respondent returned the funds with respect to one of the clients, but retained the proceeds with respect to the other client. Additionally, Mr. Driscoll was entitled to a portion of the settlement proceeds as a contingency fee.
A charge was issued against Respondent, who failed to respond. Thereafter, Respondent was charged by the Inquiry Commission for violation of SCR 3.130-1.3 (lack of diligence); SCR 3.130-1.4(a) (failure to inform a client); SCR 3.130-1.15(b) (failure to deliver funds to a client) ; SCR 3.130-1.16(d) (failure to notify client of termination of representation and to protect client's interest) ; SCR 3.130-8.1(b) (failure to respond to a disciplinary authority) ; SCR 3.130-8.3(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation) ; SCR 3.130-8.3(b) (committing a criminal act reflecting adversely on honesty, trustworthiness or fitness of attorney).
The final complaint against Respondent was initiated based on criminal charges. Respondent was indicted by a Montgomery County Grand Jury on two felony counts: one count of criminal possession of a forged instrument in the first degree (KRS 516.050), and one count of theft by failure to make required disposition of property (KRS 514.070). The charges arose when Respondent converted, for her own use, the proceeds of a check from the U.S. Government to her client in the amount of $26,922.40. Respondent pled guilty to these charges and was granted pretrial diversion. After making restitution to her victim, Respondent was also ordered to complete 120 hours of community service and to pay a fine of $1000. A charge was issued against Respondent by the Inquiry Commission, but again Respondent failed to respond. In this file, Respondent was charged with violations of SCR 3
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