Background
Sandra Eggleston paid attorney Richard Davis Null $3,500 to represent her son in a criminal case. Null appeared at several early proceedings but later failed to appear, lost contact with his client, and blocked Eggleston after she threatened to file a bar complaint. After Null was suspended in a separate disciplinary matter in December 2022, he did not notify Eggleston or her son and did not refund unearned fees. The Department of Public Advocacy was appointed in 2024, and the trial court listed Null as withdrawn counsel in April 2025.
The Inquiry Commission charged Null with failing to act diligently, keep his client reasonably informed, protect the client’s interests upon termination, and comply with tribunal obligations. Null did not answer. The KBA Board of Governors unanimously found him guilty, with one recusal, and recommended a 181-day suspension, a $3,500 refund, and $283 in costs. Six of the nineteen voting members instead favored continuing Null’s existing indefinite suspension; they did not constitute an alternative recommendation of the Board. Null had an extensive disciplinary history and had been indefinitely suspended since August 2024.
The Court’s Holding
The Kentucky Supreme Court adopted the Board’s findings that Null violated SCR 3.130(1.3), SCR 3.130(1.4)(a), SCR 3.130(1.16)(d), and SCR 3.130(3.4)(c). Because Null did not answer the charges, he did not dispute the Board’s factual findings.
After independently reviewing the record, the court rejected the recommended 181-day suspension and continued Null’s indefinite suspension. It relied on the seriousness of the misconduct, Null’s disciplinary history, and his repeated failure to participate in disciplinary proceedings. The court also declined to order the proposed $3,500 restitution, explaining that Kentucky’s rules do not permit conditions to be imposed with an indefinite suspension. Prior court orders requiring Null to refund former clients remained effective, and Null was ordered to pay $283 in costs.
Key Takeaways
- The court found four professional-conduct violations involving diligence, communication, protection of a client upon termination, and compliance with tribunal obligations.
- The Board recommended a 181-day suspension, restitution, and costs; only six voting members favored continuing the existing indefinite suspension.
- The court continued the indefinite suspension but did not impose restitution because conditions cannot accompany an indefinite suspension under Kentucky’s disciplinary rules.
Why It Matters
The decision underscores that the Kentucky Supreme Court independently determines attorney discipline and may impose a sanction more protective of the public than the Board recommends. Repeated nonparticipation in disciplinary proceedings, client abandonment, and a substantial disciplinary record supported keeping Null indefinitely suspended.
The opinion also identifies a limit on available sanctions: although failure to refund unearned fees may constitute misconduct, the court cannot attach a new restitution condition to an indefinite suspension. Existing refund obligations imposed by prior orders, however, remain enforceable.