Joseph Baron Hammons v. Kentucky Bar Association

• Court: Kentucky Supreme Court
• Decided: June 12, 2019
• Docket: 2019-SC-0228
• Status: Unpublished

Opinion

TO BE PUBLISH

2019-SC-000228-KB

JOSEPH BARON HAMMONS 1 ' MOVANT

V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER

Movant, Joseph Baron Hammons, was admitted to the practice of

law in the Commonwealth of Kentucky on May 1, 2010. His Kentucky Bar

Association (KBA) number is 94674, and his bar roster address is 100

Westwood Dr., Flat Lick, KY 40935-6170.

Pursuant to SCR 3.480(2), Hammons moves this Court to enter a

negotiated sanction imposing a 181-day suspension, with 30 days to serve and

the balance probated with conditions, for violations ofJhe Supreme Court

Rules (SCR) as charged in KBA Files 23492 and 23807. The KBA has no

objection to the negotiated sanction and requests the Court to grant Hammons’

motion.

KBA FILE 23492

Michael Prewitt hired Hammons and paid him $1,300 to represent him in

a pending lawsuit Prewitt had filed against his brother. Hammons’ fee was to be $100 per month and $300 per court appearance. Hammons made one

court appearance to argue a summary judgment motion on behalf of Prewitt,

but the motion was unsuccessful. Summary judgment against Prewitt was

entered on December 30, 2014.

Following the adverse judgment, Hammons sent Prewitt a bill reflecting

that he had billed him for seventeen months of work covering the period of

September 2013 through January 2015; however, other than the one court

appearance, that should have carried a $300 fee, no other work was performed.

Hammons’ cover letter indicated Prewitt’s file was enclosed; however, the entire

file was not provided.

When asked by the Office of Bar Counsel about what he had sent

Prewitt, among other things, Hammons provided a copy of a photo of an

envelope addressed to Prewitt that had been postmarked and bar coded. The

return address on the envelope was not Hammons’, but Hammons said the

photo of the envelope was to “show where I mailed him the letter with the bill

for services.” He said the copy was made at the post office. In fact, the

envelope was mailed to Prewitt on November 6, 2014, by attorney Brandon

Cartwright, one of the other attorneys who represented him during his lawsuit

against his brother. The envelope had originally contained a copy of

Cartwright’s Motion to Withdraw.

Hammons admits that his conduct as described above violated SCR

3.130(1.5)(a), which prohibits the charging, or collection of, an unreasonable

fee; SCR 3.130(1.16)(d), which requires the return of papers and property to

2 which the client is entitled upon termination of the representation; and SCR

3.130(8.1)(a), which provides that an attorney shall not “knowingly make a

false statement of material fact” during a disciplinary investigation.

KBA FILE 23807

Hammons represented Justin Asher in a criminal case in Knox County.

An Agreed Order was entered on December 31, 2014, that appeared to be

signed by Judge John P. Chappell and Assistant Knox County Attorney Chris

Mills. Both denied signing this Order. The Order purported to modify Asher’s

bond from the terms set on November 23, 2014, at $750 full cash, with three

days jail credit, to a $5,000 third-party surety bond. Subsequently, on

December 31, 2014, a Bond Assignment was entered assigning Asher’s bond to

Hammons. As a result, a check was issued to Hammons in the amount of

$450.

Hammons states he does not recall signing the names to the order, but

he acknowledges that at the time he was suffering heavily from an addiction to

prescription medications, which impairs his memory from events occurring

during this period. Nevertheless, Hammons acknowledges that he benefltted

financially from the order and understands that evidence of his involvement in

the forgery, whether he perpetrated it or not, is strong. For that reason,

Hammons acknowledges that his conduct violated SCR 3.130(8.4)(c), which

provides that it is misconduct for a lawyer to “engage in conduct involving

dishonesty, fraud, deceit or misrepresentation.”

3 DISPOSITON AND SANCTION

As noted, Hammons admits he engaged in the above conduct and

violated the listed ethical rules. Therefore, we agree with the parties that

Hammons’s conduct amounted to violations of the charged counts of

professional misconduct.

The parties agree the appropriate sanction for these ethical violations is a

negotiated sanction imposing a 181-day suspension, with 30 days to serve and

the balance probated with conditions. As noted by Bar Counsel, this sanction

is supported by the discipline imposed for similar violations in Brady v.

Kentucky Bar Assn., 377 S.W.3d 549 (Ky. 2012), and Kentucky Bar Assn. v.

Womack, 269 S.W.3d 406 (Ky. 2008). In our agreement with this discipline, we

further note that Hammons’ conduct was associated, in part, with a substance

abuse problem, and we credit Bar Counsel’s representation that Hammons

has agreed to a stringent Supervision Agreement, the particulars of which he worked closely with the KYLAP Director to reach. That process has taken a considerable amount of time, as is evident by Movant’s signature date on his motion. This agreement had to be part of any consensual resolution and, the KBA submits, adds a greater level of assurance that the public will be protected when and if Movant is able to return to the practice of law. His willingness to enter into this agreement also demonstrates a level of commitment and drive on Movant’s part to address his issues and, hopefully, return to practice.

Considering these mitigating factors as well, we are persuaded that the

discipline agreed to between the parties in this negotiated sanction agreement

is appropriate.

4 ORDER

Agreeing that the negotiated sanction is appropriate, it is ORDERED

that:

1. Joseph Baron Hammons is found guilty of violating SCR 3.130-1.5(a),

SCR 3.130(1.16)(d), SCR 3.130(8. l)(a), and SCR 3.130(8.4)(c);

2. Hammons is suspended from the practice of law for 181 days, with 30

days to serve and the balance probated with conditions as further

described below;

3. Hammons shall adhere to the provisions of his Supervision Agreement

with the Kentucky Lawyer Assistance Program dated March 4, 2019,

and, additionally, Hammons shall pay all costs required under his

Supervision Agreement;

4. Hammons shall not incur any felony criminal charges during the period

of his probation;

5. Hammons shall sign authorizations allowing the Kentucky Bar

Association to review his records held by the Kentucky Lawyer

Assistance Program, mental health professionals, social workers, and all

medical records and mental health records;

6. Hammons shall submit quarterly reports to the Office of Bar Counsel

regarding his compliance with the Supervision Agreement. These reports

shall state whether and how Hammons is complying with the terms and

5 conditions imposed herein and any court order resulting from these

proceedings;

7. Hammons shall timely pay his Kentucky Bar Association membership

dues;

8. If Hammons violates any of the terms of probation as stated herein or his

KYLAP Supervision Agreement within two (2) years of the date of this

Order or receives a charge of professional misconduct during the two-

year probationary period, the KBA may file a motion with this Court

requesting the issuance of a show cause order directing Hammons to

show cause, if any, why the 181-day suspension should not be imposed;

9. If at the expiration of the probationary period of two years Hammons has

fully complied with the above terms, the suspension and all terms of

Hammons’ probation shall be terminated; and

10. In accordance with SCR 3.450, Hammons is directed to pay all costs

associated with these disciplinary proceedings against him, said sum

being $126.11 for which execution may issue from this Court upon

finality of this Opinion and Order.

All sitting. All concur.

ENTERED: June 13, 2019