KENTUCKY BAR ASSOCIATION V. CHARLES C. LEADINGHAM
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2010-SC-000673-KB
KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
CHARLES C. LEADINGHAM
RESPONDENT
OPINION AND ORDER
Charles C . Leadingham, KBA Member Number 82296, was admitted to
the practice of law in the Commonwealth of Kentucky on October 30, 1987 .
His Bar Roster address is 215 15th Street, P.O. Box 387, Ashland, Kentucky
41105 . Before the Court is the Board of Governors' Findings of Fact,
Conclusions of Law and Recommendations of October 18, 2010, which found
the Respondent guilty, by default, of Charge No. 18277 and Charge No . 18335 .
The Board of Governors consolidated the charges for purposes of considering
appropriate discipline and recommended that Respondent be permanently
disbarred from the practice of law. Both Charges include five counts each and
were before the Board of Governors by default, and are before this Court
pursuant to SCR 3 .370(10) (no request for review nor issuance of a notice of
review) . Therefore, we adopt the decision of the Board of Governors.
KBA File No. 18277
The first Charge before us involved five counts against the Respondent .
In December of 2008, Respondent was paid $3,500 .00 to represent a defendant
who was facing felony charges in Boyd County. The fee was paid by the
defendant's parents . Respondent made an initial court appearance to waive
the defendant's case to the grand jury. Subsequently, Respondent was
suspended from the practice of law by this Court (on March 19, 2009) . 1
Respondent did not notify the client of his suspension and of the fact that he
could no longer represent the client. Numerous phone calls to the Respondent
were unanswered. After the defendant was indicted, Respondent had another
attorney cover the arraignment. Respondent never withdrew his representation
nor did he address a refund or an accounting to determine how much of the
retainer was earned before the suspension .
The defendant filed a Bar Complaint against the Respondent on
December 9, 2009 . Respondent was served by certified mail on December 23,
2009, with the complaint and a letter from the Disciplinary Clerk requesting
additional information under the threat of an additional charge or count if
Respondent failed to answer. Respondent failed to respond to the complaint or
to the request for additional information. Based on the above facts,
Respondent was issued a charge by the Inquiry Commission on July 16, 2010 .
Count I charged Respondent with a violation of SCR 3.130-1 .3 (which requires
1
Kentucky Bar Ass'n v. Leadingham, 281 S.W.3d 284 (Ky. 2009) (2008-SC-000934KB) .
a lawyer act with reasonable diligence and promptness), 2 for his failure to do
any work on the case from December 2008, until his suspension, and for his
failure to promptly withdraw from representation when he was suspended.
Count 11 charged Respondent with a violation of SCR 3 .130-1 .4(a) (which
requires a lawyer keep a client reasonably informed about the status of his
case and to promptly reply to requests for information), for not returning the
defendant's or the defendant's parents' phone calls-or otherwise
communicating with them . Count III charged Respondent with a violation of
SCR 3 .130-1 .15(b) (which requires refunding any advance fee not earned), for
not refunding the fee. Count IV charged Respondent with a violation of SCR
3 .130-1 .16(d) (which requires that upon termination of the representation, the
lawyer take reasonable steps to protect a client's interest, such as giving
reasonable notice to the client, allowing time to employ other counsel,
surrendering client property and papers, and returning unearned fees) . It is
alleged that Respondent did not notify the client or the court of his suspension,
did not return papers nor return any unearned fee. Count V charged
Respondent with a violation of SCR 3 .130-8 .1(b) (which requires a lawyer to
respond to a lawful demand for information from a disciplinary authority), for
failing to answer the Charge or the request for additional information.
Respondent could not be personally served because he had moved to
Florida. The Charge was forwarded to the KBA Director for service pursuant to
SCR 3 .175(2) . When no response was received, a reminder letter was sent on
2 All citations are to the Rules prior to the July 15, 2009, amendments.
August 16, 2010, to Respondent's Bar Roster address. Again, Respondent did
not respond, and the Board of Governors found the Respondent guilty of all
counts in this charge by default.
KBA File No. 18335
In the second Charge before us, the Respondent was paid $7,500 .00 on
December 28, 2006, by a woman to represent her son in an attempt to obtain
post-conviction relief from a federal conviction. Respondent visited the son in
prison in Hazelton, West Virginia, one time, on April 17, 2007 . Respondent did
not enter an appearance or file any documents in any court on behalf of this
defendant. The son wrote to Respondent multiple times but only received one
response. Likewise, the mother was not provided with any information on the
case except to say Respondent visited the son twice, when in fact it was once.
Again, the Respondent was suspended from the practice of law by this Court
on March 19, 2009 . 3 On March 25, 2009, Respondent sent the mother a letter
informing her that he was under suspension and could not represent her son .
No such letter was sent to the son. Later, Respondent did tell the mother that
he would resume work on her son's case following the end of his suspension .
Respondent was never reinstated, and did not return any unearned fee . The
mother believes the Respondent may have earned $1,000 .00 of the fee she
paid.
A Bar Complaint was filed against the Respondent. He was personally
served with the Bar Complaint on March 12, 2010, along with a letter from the
3 Leadingham,
281 S.W.3d 284 .
Disciplinary Clerk that the Inquiry Commission required additional information
from him concerning the complaint, and that failure to respond could result in
additional charges . Respondent failed to respond and was served with a
reminder letter and the Complaint at an address other than his bar roster
address . Respondent did not respond to the reminder letter with the same
information request, nor answer the Complaint.
A Charge was issued by the Inquiry Commission against the Respondent
on August 11, 2010. This Charge also contained five counts. Count I charged
Respondent with a violation of SCR 3.130-1 .3 (which requires a lawyer act with
reasonable diligence and promptness in representing a client),4 for his failure to
do any of the work on the son's case for which he was hired to perform . Count
II charged Respondent with a violation of SCR 3.130-1 .4(a) (which requires a
lawyer keep a client reasonably informed about the status of his case and to
promptly reply to requests for information), for not returning the mother's or
the son's phone calls-or otherwise communicating with them . Count III
charged Respondent with a violation of SCR 3.130-1 .15(b) (which requires
refunding any advance fee not earned), for not refunding the fee. Count IV
charged Respondent with a violation of SCR 3 .130-1 .16(d) (which requires that
upon termination of the representation, the lawyer take reasonable steps to
protect a client's interest, such as giving reasonable notice to the client,
allowing time to employ other counsel, surrendering client property and
papers, and returning unearned fees) . Count V charged Respondent with a
4 Again, all citations are to the Rules prior to the July 15, 2009, amendments .
violation of SCR 3.130-8 .1(b) (which requires a lawyer to respond to a lawful
demand for information from a disciplinary authority), for failing to answer the
Charge or the request for additional information.
The Charge could not be served personally because Respondent moved to
Florida. The Charge was forwarded to the KBA Executive Director for service
pursuant to SCR 3 .175(2) . Service was completed on August 13, 2010, and no
answer or response was ever filed . By default, the Board of Governors found
Respondent guilty of all five counts in this Charge .
Prior Discipline
The Board of Governors reviewed the Respondent's file of prior disciplines
to determine the appropriate discipline in these two combined cases:
1 . May 24, 2001,5 Respondent was issued a public reprimand for failing
to respond to a client's requests for information and failing to inform
the client that he no longer represented the client.
2 . November 26, 2008, 6 Respondent was suspended for thirty days,
probated on the condition that he attend the Ethics and
Professionalism Enhancement Program in 2009 with costs. The
suspension was for his failure to file briefs in two separate appeals
and failure to respond to the bar complaint.
5 Leadingham v. Kentucky Bar Assn, 44 S .W.3d 374 (Ky. 2001) (2001-SC-000275-KB) .
6 Kentucky Bar Assn v. Leadingham, 269 S.W.3d 419 (Ky. 2008) (2008-SC-000522-
KB) .
3 . March 19, 2009,7 Respondent was suspended for sixty-one days for
four violations of the Rules of Professional Conduct. Respondent
failed to file a lawsuit after being hired to do so (SCR 3.130-1 .3), failed
to return his client's telephone calls (SCR 3 .130-1 .4), failed to return
money to the client (SCR 3 .130-1 .15(b)), and failed to respond to the
Bar Complaint (SCR 3 .130-8 .1(b)) .
4 . January 21, 2010,8 Respondent was suspended from the practice of
law for 120 days, retroactive to May 20, 2009, for his representation
in two previous cases. The facts as found by the trial commissioner,
which we adopted, found that Respondent was accepting fees from
clients and not doing the work .
5 . August 26, 2010, 9 Respondent was suspended from the practice of
law for 181 days, concurrent to any suspensions ordered prior to the
date of this order, for failing to return an unearned fee and for failing
to respond to a bar complaint. Restitution and costs were ordered.
6. August 26, 2010, 10 Respondent received a second suspension for 181
days, consecutive to all other suspensions ordered prior to, or on the
same date as this suspension . This suspension was for failing to
diligently represent clients in two separate appeals, and knowingly or
7 Leadingham, 281 S.W.3d 284 (2008-SC-000934-KB) .
8 Kentucky Bar Ass'n v. Leadingham, 302 S .W.3d 79 (Ky. 2010) (2009-SC-000765-KB) .
9 Kentucky Bar Assn v. Leadingham, 317 S.W.3d 583 (Ky. 2010) (2010-SC-000262KB) .
to Kentucky Bar Assn v. Leadingham, 317 S.W.3d 589 (Ky. 2010) (2009-SC-000815KB) .
intentionally disobeying an obligation under the rules for failing to
respond to the orders of the Court of Appeals.
7 . August 26, 2010, 11 saw a third suspension in one day for Respondent.
He received a three-year suspension from the practice of law,
consecutive to all other suspensions ordered prior to, or the same
date as this suspension, for misconduct in two separate cases. Both
cases involved Respondent accepting fees, not keeping clients
informed, not doing the work, and then not returning fees. To
compound the problems, Respondent would not answer the bar
complaints.
Board's Recommendation
After reviewing and considering Respondent's prior disciplines, the Board
of Governors recommended the Respondent be permanently disbarred from the
practice of law in this Commonwealth, and be ordered to pay restitution for
unearned fees to his clients (or to the Client Security Fund as the cases may
be) and the costs of this proceeding . Respondent did not respond to the Board
of Governors' recommendation to this Court, and this Court has elected not to
issue a notice of review . Therefore, under SCR 3.370(10), this Court shall enter
an order adopting the decision of the Board.
11
Kentucky Bar Assn v. Leadingham, 318 S.W.3d 598 (Ky. 2010) (2010-SC-000420KB) .
ACCORDINGLY IT IS HEREBY ORDERED that:
1.
Charles C . Leadingham is adjudicated guilty of all five counts in Charge
No . 18277 .
2.
Charles C. Leadingham is adjudicated guilty of all five counts in Charge
No. 18335.
Charles C . Leadingham is hereby permanently disbarred from the
practice of law in the Commonwealth of Kentucky .
4.
Pursuant to SCR 3 .390, Charles C. Leadingham shall send letters to all
Courts in which he has matters pending, if any, and to all clients whom
he is actively representing, if any, within ten days of this Opinion and
Order, notifying them of his inability to continue to represent them and
advising them of the necessity of retaining new counsel. Charles C .
Leadingharn shall also provide a copy of such letters to the Director of
the KBA and cease advertising activities, if any .
5.
Charles C . Leadingham is ordered to pay restitution of the unearned fees
to the above clients in each case or to the Client Security Fund.
6.
Pursuant to SCR 3.450, Charles C . Leadingham shall pay the costs of
this disciplinary proceeding, said sum being $576 .92, for which
execution may issue from this Court upon finality of this Opinion and
Order.
All sitting. All concur.
ENTERED : January 20, 2011 .
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