Kentucky Bar Association v. David Thomas Sparks ( 2016 )

TO BE PUBLISHED
oi5tlytree Court 01
2016-SC-000338-KB u
KENTUCKY BAR ASSOCIATION
DAL-U-1 E04Na
ROTA-NT
-
mew
V. IN SUPREME COURT
DAVID THOMAS SPARKS RESPONDENT
OPINION AND ORDER
The Board of Governors ("Board") for the Kentucky Bar Association
("KBA") recommends this Court suspend David Thomas. Sparks from the
practice of law for one-hundred-eighty-one (181) days, and that he be referred
to the Kentucky Lawyers Assistance Program (KYLAP) and required to pay all
relevant costs. Finding sufficient cause to do so, we adopt the Board's
recommendation. Sparks whose bar roster address is 1719 Ashley Circle Ste.
100, P.O. Box 1925, Bowling Green KY 42102 was admitted to the practice of
law in 1995.
In the fall of 2015, Sparks was retained by Marion and Beverly Sanford
to respond to a civil complaint filed in Warren District Court. The complaint
concerned the construction and expense of a permanent boundary fence
between the Sanfords and the plaintiff. Sparks filed an answer and
counterclaim to the complaint and notified the Sanfords. Subsequently, the
plaintiff replied to the counterclaim. Sparks in a letter notified the Sanfords of
the reply being filed and suggested that they should "leave the next move to
[the plaintiff]." Subsequently, the Sanfords made repeated attempts to contact
Sparks to no avail. Despite their efforts, the Sanfords have not had contact
with Sparks since October 2015, and have been unable to retrieve their file •
which remains in Sparks's possession.
In January 2016, Marion Sanford filed a bar complaint with the KBA.
The KBA forwarded that complaint to Sparks by certified mail. While that
correspondence was received and signed for by Sparks, he declined to answer
the complaint or provide any information to the KBA. In March 2016, the
Inquiry Commission ("Commission") initiated a complaint against Sparks
alleging the following violations: (1) Supreme Court Rule (SCR) 3.130-1.4(a)(4)
(Communication) for failing to respond to his clients' request for information;
(2) SCR 3.130-1.16(d) (Declining or Terminating Representation) for failing to
return the client paperwork, abandoning the client, and failing to properly
withdraw from the case, upon termination of the representation; and (3) SCR
3.130-8.1(b) (Bar Admission and Disciplinary Matters) for failing to respond to
a lawful demand for information from an admissions or disciplinary authority.
The Commission's charge was forwarded to Sparks in March 2016 by certified
mail. While Sparks acknowledged receipt of the charge, he declined to
respond.
Due to Sparks's failure to respond, the Commission submitted the
matter to the Board of Governors under SCR 3.210. Following a discussion of
the charges, eighteen members of the Board voted on Sparks's charges and
unanimously found Sparks guilty of each charge. After considering the
2
relevant authorities and Sparks's prior disciplinary history, the Board
unanimously recommended that he be suspended for one-hundred-eighty-one
(181) days, be referred to KYLAP, and be required to pay costs. Previously, in
February 2016, Sparks was suspended from the practice of law for one-
hundred-eighty-one (181) days, with sixty-one (61) days to serve and the
balance probated for two years, with conditions. Kentucky Bar Ass'n v. Sparks,
480 S.W.3d 278 (Ky. 2016). By a vote of twelve to six, the Board recommended
that Sparks's suspension run consecutive to his prior discipline.
Having reviewed the record, we agree that the Board reached the
appropriate conclusions as to Sparks's guilt. Sparks has not filed a notice with
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). The decision of the Board is hereby
adopted under SCR 3.370(10).
For the foregoing reasons, it is hereby ORDERED:
1. David Thomas Sparks, is found guilty of violating SCR 3.130-1.4(a)(4);
SCR 3.130-1.16(d); and (3) SCR 3.130-8.1(b).
2. Sparks is suspended from the practice of law for one-hundred-eighty-
one (181) days to run consecutive to the 181-day suspension ordered by this
Court on February 18, 2016. Should Sparks, thereafter, seek to have his
license restored, he must be processed by the Character and Fitness
Committee.
3. Sparks will submit to an evaluation by KYLAP and successfully
complete any resulting course of recommended treatment.
3
4. Sparks will notify all necessary courts and clients of his one-hundred-
eighty-one (181) day suspension in accordance with SCR 3.390(b). Those
notifications will be made by letter placed in the United States mail within ten
(10) days from the date of this Opinion and Order. Sparks will also
simultaneously provide a copy of all such letters to the Office of Bar Counsel.
Also, to the extent possible, Sparks will cancel and cease any advertising
activities in which he is engaged.
5. As stated in SCR 3.390(a), this order will take effect on the 10th day
following its entry. Sparks is instructed to promptly take all reasonable steps
to protect the interests of his clients.
6. Pursuant to SCR 3.390, Sparks will not, during the term of
suspension, accept new clients or collect unearned fees.
7. Pursuant to SCR 3.450, Sparks is ordered to pay all costs associated
with this disciplinary proceeding, in the amount of $229.13, for which
execution may issue from this Court upon finality of this Opinion and Order.
All sitting. All concur.
ENTERED: September 22, 2016.
Cr JUSTICE
4