On Thursday, August 18, 2022, the Supreme Court of Kentucky ruled on charges for attorney discipline against Henderson attorney Kurt Richard Denton. 

The case, titled Kentucky Bar Association v. Denton, was brought by Kentucky Bar Association. Case #2022-SC-0211-KB.

The charges cited  Denton’s violations of SCR 3.130(1.3), SCR 3.130(1.4), SCR 3.130(1.16)(d), and SCR 3.130(8.1)(b) of the Kentucky Rules of Professional Conduct, which states:

“A lawyer shall act with reasonable diligence and promptness in representing a client.”

Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.

A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client’s objective are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with client about any relevant limitations on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation “[A] lawyer in connection with a disciplinary matter, shall not . . . knowingly fail to respond to a lawful demand for information from admission or disciplinary authority.”

In 2018, Denton was hired by Jeffrey Null to represent him in a child custody case. Null paid a retainer of two-thousand five hundred dollars($2,500). Denton did some work on the case, however, he then failed to appear for hearings and trial dates as the case progressed. Null attempted to contact Denton but was unsuccessful. Null then asked for his client file and other documents, but Denton did not return those either.

After deliberation, the Board of Governors unanimously recommended that Denton be found guilty of violating one count of SCR3.130(1.3); one count of SCR 3.130(1.4); one count of SCR 3.130(1.16)(d); and one count of SCR 3.130(8.1)(b). The Board further recommended that Denton be suspended from the practice of law for a period of sixty-one (61) days; that he attend and successfully complete the Ethics and Professionalism Enhancement Program(EPEP); that he enter into and comply with a Kentucky Lawyer Assistance Program (KYLAP)Monitoring Agreement; and that he refund the client fee and pay all costs associated with this matter.

The Supreme Court of Kentucky agreed with the Board’s recommendation.

The dispositive portion of its Opinion and Order reads:

It is hereby ORDERED that:

1. Dentonis adjudged guilty of violating one count of SCR 3.130(1.3); one count of SCR 3.130(1.4); one count of SCR 3.130(1.16)(d); and one count of SCR 3.130(8.1)(b);

2. Denton is suspended from the practice of law for a period of sixty-one(61) days;

3. Denton shall attend and successfully complete the Ethics and professionalism Enhancement Program (EPEP);

4. Denton shall enter into and comply with a KYLAP Monitoring Agreement;

5. Denton shall repay the client fee in the amount of $2,500.00;

6. In accordance with SCR 3.450, Denton shall pay the sum of $225.65 as costs associated with these proceedings, for which execution may issue from this Court upon finality of this Opinion and Order.

Denton practices in Henderson, Kentucky. He has been licensed in Kentucky.

A copy of the original filing can be found here.