CHARLES DAVID KEEN, KBA MEMBER NO. 84885, MOVANT
KENTUCKY BAR ASSOCIATION, RESPONDENT
Released for Publication September 18, 2014.
IN SUPREME COURT
OPINION AND ORDER
John D. Minton, Jr.,
Movant, Charles David Keen, was admitted to the practice of law in the Commonwealth of Kentucky on October 22, 1993. Movant's bar roster address is 316 E. 10th Avenue, P.O. Box 566, Bowling Green, Kentucky 42102, and his Kentucky Bar Association (" KBA" ) member number is 84885. The KBA contends that Movant is in violation of this Court's prior disciplinary order. For the reasons set forth below, we agree with the KBA and suspend Movant from the practice of law for a period of thirty (30) days.
KBA File 19167
In October of 2009, Amanda Dickenson hired Movant, a solo-practitioner, to represent her in a custody dispute. Ms. Dickenson paid Movant $2,000.00 in advanced fees, which he placed in his firm's operating account. In December of 2009, Movant assured Ms. Dickenson that he would file pertinent pleadings in January of 2010. Movant, however, failed to file any pleadings on Ms. Dickenson's behalf. Due to his inaction, Ms. Dickenson attempted to contact Movant on several occasions. Movant failed to return Ms. Dickenson's phone calls. As a result, Ms. Dickenson filed a bar complaint against Movant. The KBA Office of Bar Counsel (" OBC" ) thereafter contacted Movant and requested documents relating to Ms. Dickenson's bar complaint. After granting Movant numerous extensions, he failed to provide the OBC with the requested documents.
On September 21, 2011, the KBA Inquiry Commission issued a Charge against Movant alleging the following violations of the Rules of Professional Conduct: SCR 3.130-1.3 (failure to diligently represent his client); SCR 3.130-1.4(a)(4) (failure to promptly respond to requests for information); SCR 3.130-1.15(a) (failure to deposit the client's advance fee in an escrow account); and SCR 3.130-8.1(b) (failure to respond to a request for information from disciplinary authority).
KBA File 19659
Eun Jeong Pyo retained Movant in September of 2010 and paid him $500.00 in advanced fees. Movant was to obtain a modification of Ms. Pyo's monthly child support order due to her oldest child reaching the age of majority. Movant deposited these funds into his firm's operating account. Ms. Pyo unsuccessfully attempted to contact Movant via telephone on numerous occasions. Consequently, in April of 2011, Ms. Pyo filed a bar complaint against Movant. Shortly thereafter, Movant obtained an agreed order modifying her child support payments. Unfortunately, Ms. Pyo ultimately paid more child support than would have been required of her due to Movant's delay. In addition, Ms. Pyo was prohibited from leaving the Country, as she desired, while her child support situation was being resolved.
On September 21, 2011, the KBA Inquiry Commission issued a Charge against Movant asserting the following violations: SCR 3.130-1.3 (failure to diligently represent his client); SCR 3.130-1.4(a)(4) (failure to promptly respond to requests for information); and SCR 3.130-1.15(a) (failure to deposit the client's advance fee in an escrow account).
Prior Order of Discipline