On Thursday, March 23, 2023, the Supreme Court of Kentucky suspended attorney Kenneth Lawrence Sales for failing to timely answer a motion.
The case is entitled “Kentucky Bar Association v. Kenneth Lawrence Sales” with case no. 2023-SC-0020-KB.
The charges cited Kentucky SCR 1.30(1.3), 3.130(1.4)(a)(3), 3.130(1.15)(b), 1.130(3.4)(c), 3.130(5.5)(a) which states:
A lawyer shall act with reasonable diligence and promptness in representing a client.
A lawyer shall keep the client reasonably informed about the status.
Upon receiving funds or other property in which a client has an interest, a lawyer shall promptly notify the client.
A lawyer shall promptly deliver to the client any funds or other property that the client is entitled to receive.
A lawyer shall act with reasonable diligence and promptness in representing a client.
A lawyer shall not knowingly disobey an obligation under the rules of a tribunal.
A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.
The Rules of Professional Conduct can be found here.
Allegedly, while representing a client in a case involving alleged wrongful exposure to various chemicals by the client’s former employer, the respondent failed to timely respond to a motion. Moreover, the respondent also failed to respond to discovery in a timely manner and appear for a hearing to argue the motion.
The filing states:
“The court later entered an order on December 30, 2016, granting Sales’ motion for more time to respond to pending motions for summary judgment. In the order, the court wrote that it “reminds [Sales] for the final time that ‘Failure to timely respond to a motion may be grounds for granting the motion.’” Even after Sales was subsequently granted extended time to file responses, he missed the deadline. Ultimately, and without Ms. Eastridge’s knowledge, Sales moved to dismiss the action. The trial court granted the motion to dismiss. Ms. Eastridge was only made aware that her case had been dismissed upon obtaining new counsel.”
The filing continues:
“There, Sales did not respond to discovery in a timely manner. Opposing counsel moved for summary judgment, and Sales failed to appear for the hearing to argue the motion. The trial court awarded summary judgment in the opposing counsel’s favor. Sales arrived late and had the Judgment set aside. The trial court set another date for the hearing and gave Sales fourteen days to respond to the motion. Sales failed to file a response. Sales appeared for that hearing a few minutes before the case was called. The judge reprimanded Sales “for his habit of either missing court or showing up to court late and for failing to file responses to dispositive motions” before transferring the case to another judge.”
The filing further states:
“Sales again failed to file a response to the motion before the new judge but argued orally against summary judgment. The court then set a briefing deadline, and Sales only filed a short response. Sales did not appear for the following hearing. The judge entered an order granting opposing counsel’s 4 motion for summary judgment and entered an order granting a request for attorney’s fees against Sales. In that order, the trial court found that the Sales “engaged in a pattern and a practice of noncompliance with court orders, with failing to appear at court hearings, and with s showing up late for court hearings.” Following the entry of this order, opposing counsel discovered that during the case’s pendency, Sales were practicing with a suspended license. The matter was then referred to the KBA, who filed Complaints against Sales in the above two cases.”
The trial commissioner concluded that the respondent’s pattern of practice evidenced by the two cases warrants a one-year suspension. The court adopted the trial commissioner’s report and recommendations and decided to suspend the respondent from the practice of law.
The Disposition states:
“ACCORDINGLY, IT IS HEREBY ORDERED THAT: (1) Respondent, Kenneth Lawrence Sales, is found guilty of violating two Counts of SCR 1.130(1.3), one Count of SCR 1.130(1.4)(a)(3), one Count of SCR and one Count of SCR 3.130(5.5)(a). (2) Sales is hereby suspended from the practice of law for one year.”
Mr. Sales attended the Louis D. Brandeis School of Law, University of Louisville. He practices in Louisville, Kentucky. He is licensed in Kentucky. His info can be found on lawyer.com.
A copy of the original filing can be found here.
