Kentucky Bar Association v. Christina Rose Edmondson

493 S.W.3d 835, 2016 Ky. LEXIS 339, 2016 WL 4488328
CourtKentucky Supreme Court
DecidedAugust 25, 2016
Docket2016-SC-000216-KB
StatusUnknown
Cited by7 cases

This text of 493 S.W.3d 835 (Kentucky Bar Association v. Christina Rose Edmondson) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentucky Bar Association v. Christina Rose Edmondson, 493 S.W.3d 835, 2016 Ky. LEXIS 339, 2016 WL 4488328 (Ky. 2016).

Opinion

OPINION AND ORDER

John D'. Minton Jr., CHIEF JUSTICE

Christina Rose Edmondson was admitted to practice law on October 9, 2006. Edmondson’s bar roster address is P.O. Box 191, Hebron, KY 41048, and her KBA number is 91597.

Pursuant to Supreme Court Rule (SCR) 3.210. a number of disciplinary matters came before the Board of Governors (the Board) of the Kentucky Bar Association (KBA).as default cases. The Board recommended that Edmondson be suspended from the practice of law for 180 days; that she be required to attend the Ethics and Professional Enhancement Program (EPEP) prior to reinstatement; that she reimburse a former client in the amount of $500.00; and that she pay the costs of this proceeding in the amount of $538.66. Finding sufficient cause to do so, we accept, with modification, the Board’s recommendation. ,

I. BACKGROUND.

The charges' against Edmondson arose from incidents'reported in three, separate KBA files.

A. KBA File No. 22850.

The Inquiry Commission of the KBA received allegations that Edmondson was engaged in unprofessional conduct. Pursu *836 ant to SCR 3.160(2), the Commission conducted an investigation and discovered that Edmondson had noticed the deposition of Lee Jacobs for May 22, 2014. On that date, the court reporter placed Mr. Jacobs under oath and Edmondson questioned him regarding demographic and other background information. Edmondson then permitted a paralegal to complete the deposition. Based on its investigation, the Commission issued a Complaint advising Edmondson of the allegations and requesting that she provide additional information. The Boone County Sheriff served the Complaint on Edmondson. She did not respond.

The Commission then issued,,a Charge against' Edmondson, alleging that she violated: SCR 3.130(5.5)(a), which states that “a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing só;” and SCR 3.130(8.1)(b), which states that a lawyer shall not “knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority.” The Boone County Sheriff served the Charge on Edmondson.' She did not respond.

B. File No. 23568.

In March 2015, the Office of Bar Counsel received a complaint from Tanya Ray, who alleged that she asked Edmondson-to assist with recovering $7,593.00 from the City of Covington. Ms. Ray gave Edmondson an advance fee in the amount of $500.00, which include d $180.00 for the filing fee, and she agreed to pay Edmondson a percentage- of whatever was recovered from the City. Edmondson never took any action against the City, and she did not respond to Ray’s numerous requests for information.

The Commission mailed a copy of the complaint to Edmondson. Someone other than Edmondson signed for the complaint so the Commission forwarded the complaint to the Boone County Sheriff for service. When the sheriff was unable to serve Edmondson, the Commission served the Executive Director of the KBA pursuant to SCR 3.175. The Director mailed a copy of the,‘.complaint to Edmondson. Edmondson did not respond. The Commission then prepared a three count Charge, alleging that Edmondson violated: (1) SCR 3.130(1.3) for failing to “act with reasonable diligence and promptness in representing a client;” (2) SCR 3.130(1.4)(a)(2) by failing to “consult with [her] client about the means by which the client’s objectives are to be accomplished;” and (3) SCR 3.130(1.4)(a)(4) by failing to “promptly comply with reasonable requests for information.” The Commission attempted to serve Edmondson with the Charge, but was unsuccessful. Therefore, it served the Executive Director, who was also unsuccessful in serving Edmondson. The Commission then submitted this matter to the Board.

C. File No. 23684.

Marcy Miller and Keith Rings retained Edmondson to represent them in two matters in Clermont County, Ohio. Miller and Ring, dissatisfied with Edmondson’s representation, filed a complaint with the KBA alleging that Edmondson, misrepresented the amount of work she had performed, failed to make court appearances, did not take appropriate action-, to protect their interests, and did not respond to requests for information. Miller and Ring also alleged that Edmondson, who had been evicted from her office, failed to pay them $22,000.00 for office furnishings and decor they had provided to her. The Commission mailed a copy of the complaint to Edmondson, but someone other than Edmondson signed the return receipt card. *837 The Commission then forwarded the complaint to the Boone County Sheriff 'for service; however, the sheriff was not able to serve Edmondson. The Commission then served the Executive Director of the KBA/who mailed a copy of the complaint to Edmondson. Again, someone other than Edmondson signed the return receipt card. Edmondson did hot respond to the complaint.

Based on the preceding, the Commission issued a four count Charge against Edmondson alleging that she violated: (1) SCR 3.130(1,3) by failing to “act with reasonable diligence and promptness in representing a client;” (2) SCR 3.130(1.4)(a)(2) by failing to “reasonably consult with the client about the means by which the client’s objectives are to be accomplished;”' (3)' SCR 3.130(1.4)(a)(4) by failing to “promptly comply with reasonable requests for information;” and' (4) SCR 3.130(8.4)(c) by “engag[ing] in conduct involving dishonesty, fraud’, deceit or misrepresentation.” The Commission mailed the Charge to Edmondson and, when she did not respond, the Commission served the Executive Director. The Executive Director mailed the Charge to Edmondson. Again, she did not respond, and the Commission then submitted this matter to the Board.

D. Prior Discipline.

On January 15, 2016, Edmondson was suspended from the practice of law for non-payment of her 2015-16 bar dues and for failure to, obtain sufficient CLE credits for the 2014-15 educational year.

E. Proceedings by the Board.

On January 15, 2016, the Board considered the Charges against Edmondson. Two of the nineteen members present re-cused. The remaining seventeen members voted unanimously to find , Edmondson guilty of all counts in File Nos. 22850 and 23568, and of the first three counts in File No. 23684. Six of the members present voted to find Edmondson not guilty of the fourth count in File No. 23684 while the remaining eleven members voted to find her guilty of that count. Thus a majority of the members voted to find Edmondson guilty of all counts. Thirteen members recommended a suspension of 180 days with attendance and completion of EPEP and payment of $500.00 to Ray as conditions. The remaining four members recommended a suspension of 181 days; with the only condition being payment of $500.00 to Ray. All members recommended that Edmondson be held responsible for payment of the costs associated with this, action.

II. ANALYSIS.

Having reviewed the record, and noting Edmondson’s failure to respond, we agree with and adopt the Board’s findings that Edmondson is guilty of the charged offenses.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ky. Bar Ass'n v. Gevedon
574 S.W.3d 739 (Missouri Court of Appeals, 2019)
Disciplinary Counsel v. Edmondson
2017 Ohio 67 (Ohio Supreme Court, 2017)
Kentucky Bar Association v. Christina Rose Edmondson
504 S.W.3d 692 (Kentucky Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
493 S.W.3d 835, 2016 Ky. LEXIS 339, 2016 WL 4488328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentucky-bar-association-v-christina-rose-edmondson-ky-2016.