Kentucky Bar Association v. Cassidy Ann Teater

• Court: Kentucky Supreme Court
• Decided: October 31, 2019
• Docket: 2019-SC-0412
• Status: Unpublished

Opinion

TO BE PUBLISHED

2019-SC-000412-KB

KENTUCKY BAR ASSOCIATION MOVANT

V. IN SUPREME COURT

CASSIDY ANN TEATER RESPONDENT

OPINION AND ORDER

Cassidy Ann Teater was admitted to the practice of law in the Commonwealth

of Kentucky on July 30, 2012. Her Kentucky Bar Association (KBA) member

number is 94855, and her last known roster address is P.O. Box 986,

Nicholasville, KY 40356.

Under Supreme Court Rule (SCR) 3.210, this disciplinary matter came

before the KBA Board of Governors (Board) as a default case. The Board

unanimously recommended that Teater be found guilty of violating SCR

3.130(1.1); SCR 3.130(1.3); SCR 3.130(1.4)(a)(3); SCR 3.130(1.4)(a)(4); and SCR

3.130(8.1)(b), as reflected in Counts I-V filed against her. The Board further

recommended that Teater be suspended from the practice of law for 30 days to

run consecutively with her current suspension for CLE deficiency; that she be

1 referred to the Kentucky Lawyer Assistance Program (KYLAP); that she be

required to attend and successfully complete Bar Counsel’s Ethics and

Professionalism Enhancement Program (EPEP); and that she pay the costs

incurred in this action. After careful consideration we agree with and adopt the

Board’s recommendations.

I.BACKGROUND

A. KBA FILE 18-DIS-0263 Jesus Landeros hired Teater on October 19, 2015, to represent him in a

deportation matter in the United States Immigration Court in Memphis,

Tennessee. Teater and Mr. Landeros entered into a retainer agreement wherein

Mr. Landeros paid Teater $5,700.00 for the representation.

A hearing on the deportation matter was held on December 1, 2015.

Teater failed to prepare Mr. Landeros for any potential questions he might have

been asked during cross-examination. She also failed to call one of Mr.

Landeros’ character witnesses who was present at the hearing. Instead, Teater

called Mr. Landeros’ 13-year-old son to testify, without first preparing him to

do so. Following the hearing Teater did not return Mr. Landeros’ phone calls,

text messages, or emails, and did not inform him of the results of the

deportation hearing.

Because of this conduct Mr. Landeros filed a bar complaint against

Teater in September 2018. Teater did not file a response to the complaint or

participate in the underlying proceedings.

The KBA’s Inquiry Commission issued a five count Amended Charge

2 against Teater based on Mr. Landeros’ bar complaint and asserted Teater

violated: (1) SCR 3.130(1.1) by failing to provide competent representation to

Mr. Landeros because she did not prepare him for the hearing, failed to call his

witness, and failed to prepare his son for his testimony; (2) SCR 3.130(1.3) by

failing to act with reasonable diligence in the representation because she did

not advise her client of the outcome of the deportation hearing in a timely

manner; (3) SCR 3.130(1.4)(a)(3) by failing to keep Mr. Landeros reasonably

informed about the status of the matter by not explaining the outcome of the

hearing to him; (4) SCR 3.130(1.4)(a)(4) by failing to promptly comply with Mr.

Landeros’ reasonable requests for information because she did not return his

phone calls and messages requesting information about the outcome of the

deportation hearing; and (5) SCR 3.130(8. l)(b) by failing to respond to the bar

complaint against her after being served with a copy of the complaint and

receiving notification that failure to respond could result in additional charges.

Teater was served with the Amended Charge on April 6, 2019, but she

did not file an answer. The Inquiry Commission therefore submitted the matter

to the Board.

B. PRIOR DISCIPLINE On June 15, 2017, Teater was issued a Private Admonition for violating

SCR 3.130(1.4)(a)(3) and SCR 3.130(1.16)(d).

On September 15, 2017, Teater was issued a Private Admonition for

violating SCR 3.130(1.3) and SCR 3.130(3.4)(c).

On January 19, 2018, Teater was suspended for CLE deficiency.

3 C. PROCEEDINGS BY THE BOARD On July 23, 2019, the Board considered the current charges against

Teater, her prior disciplinaiy histoiy, mitigating factors, and applicable law. It

voted unanimously to recommend that she be found guilty of Counts I-V as

alleged in the Amended Charge. As for recommended discipline, it voted 11-

101 to recommend she receive a 30-day suspension from the practice of law (to

run consecutively with her current suspension for CLE deficiency), that she be

referred to KYLAP and required to. attend and successfully complete Bar

Counsel’s EPEP. Finally, that she be required to pay the costs incurred in this

action, $174.15.

II. ANALYSIS Having reviewed the record, and noting Teater’s failure to respond, we

agree with and adopt the Board’s recommendation that Teater be found guilty

of Counts I-V of the Amended Charge. Further, we adopt the Board’s

recommended discipline in full.

In Kentucky Bar Ass'n v. Turnbull, 31 S,W.3d 926 (Ky. 2000), this Court

found an attorney guilty of failing to act with reasonable diligence and

promptness in representing his client, and failing to keep his client reasonably

informed and to promptly comply with reasonable requests for information

(SCR 3.130(1.3) and SCR 3.130(1.4)(a), respectively). Id. at 927. The charges * . • stemmed from a representation in a divorce proceeding wherein the attorney

failed to file exceptions to an order that his client asked him to file, and

thereafter did not respond to any of his client’s questions about the case. Id.

1 The Board alternatively considered a public reprimand. 4 This Court found a 30-day suspension proper based on the attorney’s guilt

under the two counts. Id. Because of the similarity of the conduct and

charges in this case, we likewise hold that a 30-day suspension is a proper

punishment.

Further, in Kentucky BarAss’n v. Gevedon, 574 S.W.3d 739, 745 (Ky.

2019), the Board recommended a 181-day suspension for an attorney who, like

Teater, was already suspended for failing to comply with CLE requirements.

However, the Board in Gevedon failed to address whether the 181-day

suspension and the attorney’s current suspension should run concurrently or

consecutively. Id. This Court held sua sponte that the two suspensions should

run consecutively. Id. Therefore, we hold Teater’s 30-day suspension should

run consecutively with her current suspension for CLE deficiency, as the Board

recommended.

Accordingly, it is hereby ORDERED:

1. Cassidy Ann Teater is hereby found guilty of violating Count I, SCR

3.130(1.1); Count II, SCR 3.130(1.3); Count III, SCR 3.130(1.4)(a)(3):

Count IV, SCR 3.130(1.4)(a)(4); and CountV, SCR 3.10(8.1)(b) of the

Amended Charge.

2. Cassidy Ann Teater is suspended from the practice of law in the

Commonwealth of Kentucky, for a period of thirty days (to run

consecutively with her current suspension); is referred to KYLAP; and is

required to attend and successfully complete the EPEP program.

3. The costs of this proceeding, including amounts incurred after the

5 consideration and vote of the Board, as calculated and certified by the

Disciplinary Clerk, in the amount of $174.15, are hereby assessed

against the Respondent

All sitting. All concur.

ENTERED: October 31, 2019.