KENTUCKY BAR ASSOCIATION V. JAMES KEVIN MATHEWS
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2010-SC-000024-KB
KENTUCKY BAR ASSOCIATION
V.
DATE
MOVANT
IN SUPREME COURT
JAMES KEVIN MATHEWS
RESPONDENT
OPINION AND ORDER
The Board of Governors for the Kentucky Bar Association (KBA) has
recommended that Respondent, James Kevin Mathews, KBA Member No .
84435, with a last known bar roster address of 1812 Elm Street, Henderson,
Kentucky 42420, be permanently disbarred from the practice of law and
ordered to pay full restitution to his client. We agree with the Board's rulings
and adopt its recommendations .
KBA File No. 16272
Mathews represented Matthew Meyer in a personal injury case and
obtained a $45,000 settlement . Mathews' fee was $18,000, plus an additional
$2,279 .60 in expenses, and Mathews turned over a check to Meyer in the
amount of $9,720 .40 with the understanding that he would assist him in
AC.-
obtaining an annuity with the remaining $15,000 . Meyer never received any
payments on the annuity and, several months later, Mathews stated that Meyer
should withdraw the money from the annuity. Accordingly, Mathews stated
that he would obtain the necessary paperwork.
Meyer waited several months but did not receive any documents from
Mathews. When Meyer called, Mathews vowed that he would obtain the
documents and send Meyer a personal check for $1,000 to assist him with his
bills. Meyer never received the check but eventually received the documents,
which he signed, notarized, and returned to Mathews.
Meyer never received his money and he called Mathews again. Mathews
stated that he would contact the company himself, but he later informed Meyer
that he was unable to make contact with anyone. Consequently, Mathews
stated that he would consult with the judge regarding the matter. Meyer,
however, never heard from Mathews again and never received his remaining
$15,000 .
The Disciplinary Clerk filed Meyer's Bar Complaint and sent a copy to
Mathews via certified mail before it was later returned "unclaimed," indicating
three attempts at service. Can May 7, 2008, Mathews was personally served by
the Jefferson County Sheriff, but he failed to file a response within twenty
days. A reminder letter was sent and similarly returned after several attempts
at service . Mathews was no longer at his previous address and could not be
found.
Investigating the Bar Complaint, the Inquiry Commission issued a
subpoena seeking Mathews' escrow account records. The records showed that
Mathews withdrew the remaining proceeds from Meyer's settlement in late May
and early June of 2007. According to information obtained from JMW
Settlements, the company that supposedly provided the annuity, Mathews
wrote a check to Hartford Life on or around June 5, 2007 to fund Meyer's
annuity. The check, however, was returned due to insufficient funds and the
annuity was, in fact, never funded .
On June 4, 2009, Mathews sent an email to the KBA stating that his
membership had lapsed . On June 18, 2009, he contacted the Office of Bar
Counsel, who informed him of the status of his disciplinary cases, obtained his
new address, directed him to the reinstatement rule, and requested that he
respond to the Bar Complaint. Mathews was also advised to update his bar
roster address and, that same day, a copy of the Complaint was sent to his new
address by certified mail.
Bar Counsel later received a letter from Mathews requesting more
information and stating that he could not find any records showing that he had
represented Meyer. Bar Counsel replied by letter, enclosing copies of the
documents obtained by the Inquiry Commission's subpoena as well as those
obtained from Meyer's Complaint. There was no further communication
between Bar Counsel and Mathews.
On July 31, 2009, the Inquiry Commission issued a Charge against
Mathews containing five (5) counts : Count I alleges that Mathews violated SCR
3.130-1 .4(a) (communication) when he failed to respond to his client's repeated
requests for information; Count II alleges that Mathews violated SCR 3 .1301 .15(a) (safekeeping property) when he failed to keep his client's funds separate
from his own funds; Count III alleges that Mathews violated SCR 3 .130-3 .4(c)
(fairness to opposing party and counsel) and SCR 3 .175(1) (notice of attorney's
address) by failing to maintain a current Bar Roster Address; Count IV alleges
that Mathews violated SCR 3.130-8 .1(b) (bar admission and disciplinary
matters) by failing to respond to the Bar Complaint after receiving sufficient
notification ; and Count V alleges that Mathews violated SCR 3 .130-8 .4(c)
(misconduct) when he told Meyer that he would fund an annuity with his
settlement proceeds but converted the funds to his own use, and when he told
Meyer that he was communicating with the annuity company when no such
communication took place .
The Charge was mailed to Mathews the day it was issued. Though
signing for its receipt, Mathews did not file a response to the Charge. A
reminder letter was sent apprising Mathews of his obligation to file an Answer
to the Charge, but he never did so .
After hearing the case, the Board unanimously found Mathews guilty on
all five counts of the Charge and reviewed his prior discipline . In Kentucky Bar
Ass'n v. Mathews, 283 S .W .3d 741 (Ky. 2009), this Court suspended Mathews
for one-hundred and eighty-one days for violations of SCR 3 .130-1 .3
(diligence), SCR 3 .130-1 .16(d) (termination of representation), SCR 3 .130-
3 .4(c), and SCR 3 .130-8 .1(b) . 1 In Kentucky Bar Assn v. Mathews, 291 S.W .3d
236 (Ky . 2009), Mathews was again suspended for one-hundred and eighty-one
days for violations of SCR-3 .130-8 .1(a) and SCR 3.130-8 .1(b).. In light of this
history,2 the Board unanimously recommended that Mathews be permanently
disbarred from the practice of law in Kentucky, make full restitution to his
client, comply with all previous orders of this Court, and pay all costs
associated with the disciplinary proceedings.
Neither party has filed notice, pursuant to SCR 3 .370(8), for this Court to
review the Board's decision nor do we elect to review the decision of the Board
pursuant to SCR 3 .370(9) . Therefore, we adopt the decision of the Board
pursuant to SCR 3 .370(10) .
Accordingly, it is hereby ORDERED that:
1 . Respondent, James Kevin Mathews, is found guilty of the ethical
violations described above ;
2 . Mathews is permanently disbarred from the practice of law in Kentucky;
3 . Mathews must immediately make full restitution to his client, Matthew
Meyer, in the amount of $15,000 ;
4 . Mathews must comply with all prior Orders of this Court;
1 Therein, Mathews was ordered to refund $1,000 .00 to each client, attend the Bar
Counsel's remedial ethics program, and submit to counseling through the Kentucky
Bar Association's Lawyer Assistance Program. He has not complied with the
requirements of this order.
2 The Board also notes that Mathews has been suspended since January 31, 2008 for
failure to pay bar dues.
5 . In accordance with SCR 3 .450, Mathews is directed to pay all costs
associated with these disciplinary proceedings against him, said sum
being $480 .47, for which execution may issue from this Court upon
finality of this Opinion and Order ; and
6 . Pursuant to SCR 3.390, Mathews shall, within ten (10) days from the
entry of this Opinion and Order, notify all clients in writing of his
inability to represent them, and notify all courts in which he has matters
pending of his disbarment from the practice of law, and furnish copies of
said letters of notice to the Director of the KBA. Furthermore, to the
extent possible and necessary, Mathews shall immediately cancel and
cease any advertising activities in which he is engaged.
All sitting. All concur.
ENTERED : APRIL 22, 2010 .
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