Kentucky Bar Association v. David Thomas Sparks

Summary

The Kentucky Supreme Court adopted the Kentucky Bar Association Board of Governors' findings that David Thomas Sparks violated professional-conduct rules by failing to communicate with clients, failing to return client papers and properly terminate representation, and failing to respond to disciplinary authorities. The Court imposed a consecutive 181-day suspension, required a KYLAP evaluation and treatment if recommended, and ordered Sparks to pay $229.13 in costs.

Holdings

1. Sparks was guilty of violating SCR 3.130-1.4(a)(4) by failing to respond to his clients' requests for information.
2. Sparks was guilty of violating SCR 3.130-1.16(d) by abandoning the Sanfords, failing to return their paperwork, and failing to properly withdraw from the representation.
3. Sparks was guilty of violating SCR 3.130-8.1(b) by failing to respond to lawful demands for information from the KBA and Inquiry Commission.
4. A consecutive 181-day suspension, referral to KYLAP, and assessment of disciplinary costs were appropriate sanctions for Sparks's violations and prior disciplinary history.

Questions Presented

1. Whether Sparks violated SCR 3.130-1.4(a)(4) by failing to respond to his clients' requests for information.
2. Whether Sparks violated SCR 3.130-1.16(d) by abandoning the clients, failing to return their paperwork, and failing to properly withdraw from the representation.
3. Whether Sparks violated SCR 3.130-8.1(b) by failing to respond to lawful demands for information from a disciplinary authority.
4. What discipline was appropriate for the violations, considering Sparks's prior disciplinary history.

Disposition

approved