DAVID CAPERTON TEATER V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
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2007-SC-000863-KB
V.
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
ORDER
David Caperton Teater, whose last known address is 102 Iron Liege, Danville,
Kentucky 40422, desires to terminate Kentucky Bar Association proceedings against
him by consenting to a public reprimand . The KBA has no objection to Teater's request.
KBA File 14119
In her bar complaint, Rhonda Phillips alleges that she hired Teater to represent
her in connection with an automobile accident claim . Phillips settled with the adverse
motorist but was trying to make an underinsured motorist claim . About a year later,
Phillips called Teater and was told that the underinsured claim would take some time
because of the quantity of Phillips' medical records . Approximately three more years
passed with no contact between Phillips and Teater. When Phillips finally contacted
Teater, he told her that it was too late to file the underinsured claim.
In his motion for a public reprimand, Teater states that he has now refunded to
Phillips $700 .00 he held in escrow. Furthermore, Teater admits that he did not give
Phillips's underinsured motorist claim timely attention . Teater admits that his actions, or
inaction, in the course of his representation of Phillips constitute violations of Supreme
Court Rules (SCR) 3.130(1 .3) (diligence in representing a client) and 3.130(1 .4)
(keeping a client reasonably informed about the status of a matter) . Although Teater's
motion for a public reprimand states that a charge against him has been authorized
stemming from his representation of Phillips, the record provided to the Court does not
contain a formal charge issued by the Inquiry Commission on this matter .
KBA File 14435
According to the charge issued by the Inquiry Commission, Louise Cox retained
Teater to represent her in a personal injury action against Centre College . That claim
was settled in mediation for $15,000.00. But Centre's insurance carrier released only
$10,000.00 of that settlement, holding the remainder on the condition that Cox provide a
letter from Medicare indicating resolution of its subrogation claim. Teater kept
$5,000.00 of the $10,000 .00 as his fee, paid the mediator's approximately $400 .00 fee,
and distributed the balance, approximately $4,600 .00, to Cox. Teater agreed to
negotiate Medicare's lien as part of his representation of Cox but failed to do so . Teater
took no action on Cox's behalf from September 2005 until February 2007.
During that
time, Teater failed to return Cox's phone calls or emails and, likewise, failed to honor
Cox's request for a copy of her file . Cox then filed a bar complaint against Teater.
Surprisingly, Cox then agreed that Teater could continue to represent her if he would
contact her immediately and finish the case within thirty days . Unfortunately, Teater did
not contact Cox during that thirty-day grace period .
The Inquiry Commission issued a three-count charge against Teater stemming
from his representation of Cox. Count one charged Teater with violating
SCR 3.130(1 .3) when he failed to act promptly to resolve Medicare's lien or to disburse
the remainder of the settlement to Cox. Count two charged Teater with violating
SCR 3.130(1 .4) by failing to respond to Cox's inquiries about the status of her case .
Count three charged Teater with violating SCR 3 .130(1 .16(d)) by abandoning Cox's
case without providing adequate notice to her, failing to return her client file to her upon
termination of his representation, and failing to return the unearned portion of his flee
payment .
In his motion for a public reprimand, Teater contends that he eventually returned
Cox's file to her and refunded $2,500.00 of his $5,000.00 fee. Teater admits that he is
guilty of the charges issued by the Inquiry Commission. Teater also states that he is no
longer practicing law due to health concerns and is currently working to obtain his
master's degree and teaching certificate .
The KBA states that it has no objection to Teater's motion for a public reprimand.
However, the KBA also acknowledges that Teater has received two private reprimands
for similar past misconduct.
We are troubled by Teater's repeated failure properly and zealously to represent
and communicate with his clients . Based on Teater's unfortunate pattern of
misconduct, including the seeming inefficacy of the two earlier private reprimands, one
could convincingly argue that Teater's current misconduct warrants imposition of
sanctions greater than a public reprimand . But Teater has acknowledged his
misconduct and has taken steps to rectify matters with his former clients . Our
precedent supports the issuance of a public reprimand for similar acts of professional
misconduct .' And the KBA has agreed to Teater's motion for the imposition of a public
reprimand . So we will grant Teater's motion .
Based upon the foregoing, we order that :
1)
David Caperton Teater, is hereby publicly reprimanded for unprofessional
conduct; and
2)
Under SCR 3.450, Teater is directed to pay all costs associated with these
disciplinary proceedings against him, which is $116 .98, and for which execution may
issue from this Court upon finality of this Opinion and Order.
All sitting. Lambert, C .J . ; Abramson, Cunningham, Minton, Noble, and Scott, JJ .,
concur. Schroder, J ., dissents.
ENTERED : January 24, 2008.
See, e.g., Kentucky Bar Association v . Noble, 118 S.W.3d 586 (Ky. 2003) (publicly
reprimanding attorney for failing properly to communicate with clients; for failing timely to file
a bankruptcy petition ; for failing to file proper paperwork in furtherance of another client's
bankruptcy petition, which caused the petition to be dismissed; and for failing to protect
client's interests on termination) ; Kentucky Bar Association v. Howard , 899 S.W.2d 91 (Ky.
1995) (adopting Board of Bar Governors' recommendation of a public reprimand by an
evenly divided court (three members of the Court voted to issue a private reprimand) where
attorney did not diligently pursue client's case for four years after filing suit and where
attorney had received one prior private admonition) .
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