On Thursday, February 15, 2024, the Supreme Court of Kentucky suspended attorney Nicholas Scott Calmes for 30 days, with the suspension being probated for two years subject to certain conditions.

The case is entitled “Nicholas Scott Calmes v. Kentucky Bar Association,” with case no. 2023-SC-0555-KB.

The charges cited Kentucky Rules of Professional Conduct 3.130(1.3), 3.130(8.4)(c), 3.130(8.1)(b).

The order stems from two disciplinary cases lodged against Calmes by the Kentucky Bar Association. In the first case, Calmes was charged with failing to diligently represent a client in a contractual dispute, making misrepresentations to the client about the status of the case, and not responding to the bar complaint filed against him. In the second case, Calmes was charged with not diligently acting on behalf of a client in a property dispute matter and failing to respond to the disciplinary charge issued.

On December 18, 2023, Calmes filed a motion with the Court proposing the negotiated sanction of a 30-day suspension probated for two years. He acknowledged shortcomings in his compliance with professional conduct rules but noted personal difficulties caring for ill parents while running a solo practice without support staff. The KBA did not object to the proposed sanction.

In its opinion, the Court reviewed similar past cases and found the sanction to fall within precedent. The suspension is probated for two years subject to Calmes having no further disciplinary charges, paying bar dues on time, fulfilling continuing education, and paying costs of the proceeding totaling $291.94. If Calmes violates probation terms, the KBA can file to have the original 30-day suspension imposed.

According to avvo.com, Mr. Calmes is an attorney in Richmond, Kentucky. He acquired his law license in Kentucky in 2014. 

A copy of the original filing can be found here.