On Thursday, September 18, 2025, the Supreme Court of Kentucky publicly reprimanded attorney Harold Wayne Roberts with conditions, according to a recent opinion and order. Roberts faced disciplinary charges stemming from two separate cases.
The case is entitled “In the Matter of Harold Wayne Roberts,” with case no. 2025-SC-0281-KB.
The first case, 24-DIS-0133, involved Jo Ann Bell, who hired Roberts in Spring 2022 to represent her son, Camden Bell, in a criminal case involving felony charges of murder (domestic violence), possession of a handgun by a convicted felon, and being a persistent felony offender. Jo Ann Bell signed a fee agreement for $35,000 and paid a portion of the fee, though Camden Bell, the client, did not sign the agreement. Roberts represented Camden at his arraignment in March 2022. After Roberts withdrew from the case in January 2024, Jo Ann Bell requested a refund of unearned fees.
The Inquiry Commission initially issued a five-count charge against Roberts, but ultimately found him guilty of violating SCR 3.130(1.5)(f) for failing to have Camden sign the fee agreement and SCR 3.130(1.16)(d) for failing to refund unearned legal fees upon termination of the representation. Counts one, two, and four were dismissed.
The second case, 24-DIS-0134, arose from Roberts’ representation of Phillip Whaley in parole revocation proceedings in 2022. Whaley, who was on parole from Woodford Circuit Court, hired Roberts after being arrested for DUI. They agreed on a fee rate of $400 per hour. Whaley gave Roberts $41,000 from the sale of his home to manage his finances while incarcerated. A dispute arose over the fees charged and the accounting of the funds.
Whaley filed a complaint in April 2024, and the Inquiry Commission issued a four-count charge against Roberts. Roberts was found guilty of violating SCR 3.130(1.5)(b) for failing to adequately communicate the basis or rate of the fee, SCR 3.130(1.15)(a),(b) for failing to provide a full accounting of Whaley’s funds, and SCR 3.130(1.16)(d) for failing to return unearned funds. Count one was dismissed.
Roberts has a history of prior disciplinary actions, including private admonitions in 2002 and 2011, and a public reprimand in 2020.
The Office of Bar Counsel (OBC) identified aggravating factors such as Roberts’ prior disciplinary history, multiple offenses, substantial experience, and the vulnerability of his victims. However, mitigating factors included Roberts’ cooperation, positive character, expressed remorse, and the sparseness of prior discipline. Furthermore, Roberts is facing significant and worsening health issues, including a recent diagnosis of metastatic prostate cancer, and has reduced his caseload, intending to wind down his practice.
In addition to the public reprimand, the Supreme Court ordered Roberts to attend the next available Trust Account Monitoring Program (TAMP) offered by the Kentucky Bar Association. He must also pay restitution of $3,600 to Jo Ann Bell and $2,000 to Phillip Whaley within six months, and pay $128.99 in certified costs associated with the disciplinary proceedings within ninety days. Failure to comply with these conditions may result in additional disciplinary charges.
The Disposition states:
“It is therefore hereby ORDERED: Harold Wayne Roberts is hereby publicly reprimanded subject to the conditions enumerated herein.
According to Avvo.com, Mr. Roberts is a criminal defense attorney in Lexington, Kentucky. He acquired his law license in Kentucky in 1992.
A copy of the original filing can be found here.
