Narrative Opinion Summary
In this disciplinary proceeding, attorney Steven O. Thornton faced numerous allegations of professional misconduct, resulting in a recommendation for a 181-day suspension from practice by the Kentucky Bar Association (KBA). Thornton, a practicing attorney since 1983, was found to have violated multiple Kentucky Rules of Professional Conduct across several client matters. Key issues included his failure to competently represent Lesa Harrison by allowing the statute of limitations on her civil claims to expire, and his lack of diligence in filing a claim with the Crime Victims Compensation Board. Additionally, Thornton failed to maintain adequate communication with clients, resulting in their lack of informed decision-making regarding their legal matters. In the case of Ralph Guthrie, Thornton charged and collected fees without a written contingency fee agreement, which was deemed improper. Thornton also repeatedly failed to respond to disciplinary inquiries and subpoenas, citing emotional distress. The KBA Board of Governors upheld these findings, and the Supreme Court will conduct a de novo review. Ultimately, Thornton's pattern of misconduct, coupled with his emotional responses to KBA communications, led to the recommendation of suspension and restitution payments to affected clients.
Legal Issues Addressed
Conflict of Interestsubscribe to see similar legal issues
Application: Thornton faced allegations of conflict of interest by representing both Jennifer Batts and her husband, though it was found that there was no direct adverse effect.
Reasoning: There was no evidence that Thornton's representation of either client was directly adverse or materially limited by his responsibilities to the other, leading to the conclusion that he did not violate this rule.
Failure to Act with Diligencesubscribe to see similar legal issues
Application: Thornton's inaction, such as not filing a claim with the Crime Victims Compensation Board, demonstrated a lack of diligence in handling his client's case.
Reasoning: Thornton allowed the limitations period on Harrison's civil assault claim to expire and failed to file the administrative claim with CVCB, demonstrating a lack of diligence.
Failure to Communicate with Clientssubscribe to see similar legal issues
Application: Thornton failed to adequately inform his clients about the status of their cases and did not respond to their requests for information, violating professional conduct rules.
Reasoning: Under SCR 3.130-1.4, he failed to keep client Harrison reasonably informed about her case status and did not promptly respond to her requests for information.
Failure to Provide Competent Representationsubscribe to see similar legal issues
Application: Thornton was found to have failed in providing competent legal service to Lesa Harrison by allowing the statute of limitations on her civil claims to expire without her knowledge.
Reasoning: Thornton allowed the limitations period to expire on her only viable civil claim for assault or battery without her knowledge or consent.
Reasonable Fees and Written Agreementssubscribe to see similar legal issues
Application: Thornton was found to have charged unreasonable fees and failed to execute a written contingency fee agreement with Ralph Guthrie.
Reasoning: Thornton collected one-third of the settlement from an insurance company, despite Guthrie's belief that this fee was improper, with Thornton providing no justification or refund.
Response to Disciplinary Authoritysubscribe to see similar legal issues
Application: Thornton repeatedly failed to respond to subpoenas and requests for information from the Kentucky Bar Association, violating disciplinary rules.
Reasoning: He acknowledged his lack of response to a subpoena issued by the Inquiry Commission, confirming this violation.
Suspension of Legal Practicesubscribe to see similar legal issues
Application: The Kentucky Bar Association recommended a 181-day suspension for Thornton after findings of multiple violations of professional conduct.
Reasoning: Steven O. Thornton, a member of the Kentucky Bar Association (KBA), faces a recommendation for suspension from legal practice for 181 days and is ordered to pay restitution of $7,383.33 along with the costs of the disciplinary proceedings.