OPINION AND ORDER
Board of Governors ("Board") for the Kentucky Bar
Association ("KBA") recommends this Court suspend
Respondent, David Thomas Sparks, from the practice of law for
one year, to run consecutively with other pending suspensions
and that he be required to repay his former client, Donald G.
Meredith, the sum of $1, 000.00. The Board further recommends
that Respondent be required to attend and successfully
complete the Ethics and Professional Enhancement Program
("EPEP"), and that Respondent be referred to the
Kentucky Lawyer Assistance Program ("KYLAP"). The
Board also proposes that Respondent be required to satisfy
all conditions imposed in other pending disciplinary
actions and that Respondent be required to pay all
costs associated with this action. Respondent's bar
roster address is 1719 Ashley Circle, Suite 100, P.O. Box
1925, Bowling Green, KY 42102-1925, and his KBA Member Number
December 2014, Donald G. Meredith paid Respondent $1, 000.00
to represent him in a foreclosure action in which Meredith
and his wife claim that $50, 000.00 of personal property was
stolen from their vacated home. After paying Respondent the
$1, 000.00, Meredith claimed that Respondent provided no
legal services; that he failed to respond to two registered
letters requesting information; and that he also did not
provide consultation or any work.
many unsuccessful attempts to contact Respondent, Meredith
filed a bar complaint with the KBA in April"2016. Upon
receiving and reviewing the complaint, the Office of Bar
Counsel ("OBC") mailed a copy to Respondent via
certified mail at his bar roster address. Respondent did not
answer the complaint. A couple of weeks later, OBC mailed the
Warren County Sheriffs Office a copy of the complaint for
personal service at Respondent's bar roster address.
Eventually, the Sheriffs Office was able to serve Respondent
with a copy at a different address. Again, no response to the
complaint was filed by Respondent.
August 2016, the Inquiry Commission ("Commission")
launched a complaint against Respondent alleging the
following violations: (1) SCR 3.130(1.3) (Diligence) for
failing to act with reasonable diligence and promptness in
representing a client; (2) SCR 3.130(1.4)(a)(2)
(Communication) for failure to consult with a client about
the means by which the client's objectives are to be
accomplished; (3) SCR 3.130(1.4)(a)(4) (Communication) for
failure to promptly comply with reasonable requests for
information; (4) SCR 3.130(1.16)(d) (Declining or Terminating
Representation) for abandoning the client, failing to return
the client's paperwork, failing to return any advance
payment not used, and failure to properly withdraw from the
case upon termination of representation; (5) SCR
3.130(8.1)(b) (Bar Admission and Disciplinary Matters) for
failure to respond to a lawful demand for information from a
disciplinary authority. The Commission's Charge was
mailed to Respondent in August 2016. It was returned with a
handwritten note that read "BOX CLOSED, UNABLE TO
FORWARD." Numerous other unsuccessful attempts were made
by the Warren County Sheriffs Department to serve Respondent.
Respondent has not filed an answer to the Commission's
Respondent's failure to respond to the Charge, the
Commission submitted the matter to the Board of Governors
under SCR 3.210(1), our rule for processing cases of
default. Following a discussion of the charges,
seventeen members of the Board voted on Respondent's
charges and unanimously found him guilty of each charge.
After considering Respondent's prior disciplinary
history, the Board unanimously recommended the disciplinary
measures proffered by the Commission as previously set forth
herein. The Board also voted that service of this suspension
run consecutively to the suspensions previously ordered in
Kentucky Bar Association v. Sparks, 480 S.W.3d 278
(Ky. 2016); Kentucky Bar Association v.
Sparks, 498 S.W.3d 389 (Ky. 2016); and Kentucky
Bar Association v. Sparks, 505 S.W.3d 258 (Ky.
reviewed the record, we agree that the Board reached the
appropriate conclusions as to Respondent's guilt.
Respondent has not filed a notice to this Court to review the
Board's decision, and we do not elect to review the
decision of the Board under SCR 3.370(8). Accordingly, the
decision of the Board is hereby adopted under SCR
3.370(9).For the foregoing reasons, it is hereby
1. Respondent, David Thomas Sparks, is found guilty of
violating SCR 3.130 (1.3); SCR 3.130 (1.4)(a)(2); SCR 3.130
(1.4)(a)(4); SCR 3.130 (1.16)(d); and SCR 3.130 (8.l)(b).
2. Respondent is suspended from the practice of law for one
year to run consecutively with the one hundred eighty-one
days from the February 2016 Opinion and Order and another one
hundred eighty-one day suspension from the September 2016
Opinion and Order, all to run consecutively. Further
Respondent is to be referred to KYLAP; directed to attend and
successfully complete EPEP; directed to refund the $1, 000.00
unearned fee to Donald G. Meredith; and directed to satisfy
all conditions imposed in this and the other pending
3. As required by SCR 3.390, Respondent shall notify by
letter duly placed with the United States Postal Service, all
courts or tribunals in which he has matters pending, and all
his clients of his inability to represent them and of the
necessity and urgency of promptly retaining new counsel.
Respondent shall simultaneously provide a copy of all such
letters of notification to the Office of Bar Counsel.
Respondent shall immediately cancel any pending
advertisements to the extent possible, and shall terminate
any advertising activity.
4. In accordance with SCR 3.450, Respondent is directed to
pay all costs associated with these disciplinary proceedings
against him, said sum being $342.85, for which execution may
issue from this Court upon finality of this Opinion and