KENTUCKY BAR ASSOCIATION V. CAROLINE LAURIE GRIFFITH
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2005-SC-000971-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
CAROLINE LAURIE GRIFFITH
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association has recommended that this Court issue an order
against the Respondent, Caroline Laurie Griffith, whose Bar Roster Address is 3125
Randolph Avenue, #2, Louisville, KY, 40206 and whose KBA Member Number is
86217, suspending her from the practice of law for one-year and that this suspension be
served consecutively with Respondent's current five-year suspension, which was
imposed in Kentucky Bar Association v . Griffith , 136 S .W .3d 429 (Ky. 2004). As with
the prior disciplinary case, Respondent has once again failed to respond to any of the
charges alleged against her. As such, we see no reason to deviate from the disciplinary
measures recommended by the majority of the KBA's Board of Governors and order
Respondent to be suspended from the practice of law for one year, with said
suspension to be served consecutive to the five year suspension set forth in our earlier
Opinion and Order.
The charges giving rise to this recommendation arose from Respondent's
representation of James R. Brown . Brown was injured in November 1999 and incurred
medical - expenses and lost wages as a result of his injury . He hired Respondent shortly
thereafter to represent him in a suit against United Parcel Service (hereafter UPS), the
alleged tortfeasor. Although Respondent notified Liberty Mutual, the insurance carrier
for UPS, of her representation of Brown, she did nothing further to pursue his claim.
In March 2002, Brown retained another attorney, Robert A. Donald, III, to pursue
his claim against UPS. Although Donald advised Brown that the statute of limitations
had likely passed on his claim against UPS, Liberty Mutual was nevertheless informed
of the change of counsel . Liberty Mutual responded that Brown's claim was denied
based upon the expiration of the statute of limitations . Thereafter, Donald advised
Respondent that Brown would be seeking a legal malpractice claim against her.
Eventually, Brown settled his claim against Respondent for $3,000 .00 and Respondent
provided six post-dated checks to satisfy the agreed settlement. Although the first two
of these six checks were returned for insufficient funds, Respondent ultimately complied
with the terms of the settlement.
On March 4, 2003, Donald filed a bar complaint with the KBA against
Respondent . The complaint was mailed by certified mail to Respondent's bar roster
address on March 7, 2003, but was returned "Unclaimed ." On April 17, 2003, the
complaint was served on Respondent by the Jefferson County Sheriffs office and a
reminder letter was also served on Respondent by the Sheriff on May 15, 2003.
Respondent did not respond to either communication from the KBA.
On July 8, 2004, the KBA Inquiry Commission issued a four-count Charge
against Respondent alleging violations of the following rules: (1) SCR 3.130-1 .1 ("A
lawyer shall provide competent representation to a client."); (2) SCR 3.130-1 .3 ("A
lawyer shall act with reasonable diligence and promptness in representing a client.") ; (3)
SCR 3 .130-1 .4(a) (requiring a lawyer to "keep a client reasonably informed about the
status of a matter and promptly comply with reasonable requests for information ."); and
(4) SCR 3.130-8 .1(b) (stating, in pertinent part, that "[a] lawyer . . . in. connection with a
disciplinary matter, shall not . . . knowingly fail to respond to a lawful demand for
information from an admissions or disciplinary authority . . . ."). The Charge was mailed
by certified mail to Respondent's bar roster address and to an alternate address . The
copy sent to Respondent's roster address was returned, again marked "Unclaimed ."
The copy that had been mailed to Respondent's alternate address was signed for, and
presumably received, by an individual other than Respondent . Subsequently, the
Charge was served on Respondent by the Jefferson County Sheriffs office on August
17, 2004. Having failed to receive an Answer from Respondent, the KBA sent a
reminder letter on September 17, 2004, but did not receive any response. In fact,
Respondent has failed to answer any correspondence from the KBA concerning this
case.
After hearing a report by a board member, discussing the facts contained in the
record, and considering Respondent's failure to answer the allegations against her, the
Board of Governors unanimously found Respondent guilty of each of the four counts
listed in the Charge . Sixteen members of the Board voted to recommend that
Respondent be suspended for one year, to be served consecutively with Respondent's
previous five-year suspension . Two members of the Board voted to recommend that
Respondent be suspended for two years, to be served consecutively with Respondent's
previous five-year suspension .
Respondent has not filed notice for this Court to review the Board's decision, and
we do not elect to do so pursuant to SCR 3.370(9) . As such, the decision of the Board
of Governors is hereby adopted as to all matters, pursuant to SCR 3 .370(10) .
ACCORDINGLY, IT IS HEREBY ORDERED:
(1)
That Respondent is suspended from the practice of law in Kentucky for a
period of one year pursuant to SCR 3 .380 . This suspension is to be served consecutive
to Respondent's current five-year suspension and shall commence on the expiration of
that period . Said suspension shall continue until Respondent is reinstated to the
practice of law by Order of this Court pursuant to SCR 3.510 .
(2)
That, in accordance with SCR 3.450, Respondent is directed to pay the costs
of this action in the amount of $162 .70, for which execution may issue from this Court
upon finality of this Opinion and Order.
All concur.
ENTERED: March 23, 2006 .
COUNSEL FOR MOVANT :
Bruce K. Davis
Executive Director
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Steven T. Pulliam
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
RESPONDENT:
Caroline L . Griffith
3125 Randolph Avenue
#2
Louisville, Kentucky 40206
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