Summary
The Kentucky Supreme Court adopted the Board of Governors' findings that Jason G. Amick violated duties of diligence and honesty by falsely representing that he had filed and settled a client's case. The court imposed a 181-day suspension, referred Amick to the Kentucky Lawyers’ Assistance Program, and ordered him to pay costs and comply with client-notification and advertising requirements.
Topics
Practice areas
Questions Presented
- Whether Amick violated SCR 3.130-1.3 by failing to act with diligence and promptness in representing Burton.
- Whether Amick violated SCR 3.130-8.3 by falsely representing that he had filed a lawsuit and obtained a settlement.
- Whether the Board of Governors' recommended discipline should be adopted.
Holdings
- Amick was guilty of violating SCR 3.130-1.3 and SCR 3.130-8.3 based on his failure to take action for Burton and his repeated false representations concerning a nonexistent lawsuit and settlement.
- The Board of Governors' recommendation was adopted, and Amick was suspended from practicing law in Kentucky for 181 days, with referral to the Kentucky Lawyers' Assistance Program.
Key quotations
“Upon the foregoing facts and charges, it is ordered that the recommendations of the Board of Governors be adopted.” (845)
“Jason G. Amick is hereby suspended from the practice of law in Kentucky for a period of 181 days with a referral to the Kentucky Lawyers’ Assistance Program.” (845)
Factual background
Amick agreed to represent Matt Burton in recovering a vehicle from a mechanic but took no legal action. He repeatedly falsely told Burton that a lawsuit had been filed and later that the matter had been settled, causing Burton to purchase another vehicle in reliance on the representation. Amick eventually admitted that no lawsuit or settlement existed, and his failure to respond to the disciplinary charge resulted in a default proceeding.
Procedural history
The Inquiry Commission charged Amick with lack of diligence under SCR 3.130-1.3 and dishonesty, fraud, deceit, or misrepresentation under SCR 3.130-8.3. After service attempts failed, the matter proceeded as a default proceeding before the Board of Governors, which voted unanimously for guilt on both charges and recommended a 181-day suspension. The Supreme Court of Kentucky adopted the Board's recommendations and entered the disciplinary order.