Background
The Kentucky Bar’s Board of Governors found Steven O. Thornton guilty by default of 23 ethical violations arising from eight client matters. The matters involved failures to act diligently, communicate with clients, respond to bar authorities, protect clients’ interests upon termination, return files, account for fees, and refund unearned fees.
Among other conduct, Thornton missed a client’s parole hearing, ceased communicating with clients in criminal, divorce, custody, and child-protection matters, and did not return or account for fees. After his February 2023 indefinite suspension, he failed to timely tell several clients that his request for reinstatement had been denied and failed to return files or promised refunds. Thornton did not seek review of the Board’s recommendation.
The Court’s Holding
The Supreme Court of Kentucky adopted the Board’s findings and conclusions under SCR 3.370(10) and imposed a five-year suspension. The suspension runs from February 16, 2023, the date Thornton’s indefinite suspension began, and is concurrent with any other suspension he is serving.
The Court concluded that the five-year sanction was supported by comparable Kentucky discipline cases and Thornton’s substantial disciplinary history. It also ordered restitution totaling $23,050, completion of the Ethics and Professionalism Enhancement Program, payment of $1,691.78 in costs, and compliance with reinstatement and client-notification requirements.
Key Takeaways
- A lawyer’s failure to respond to disciplinary charges can result in default findings and adoption of the Board’s recommendation without further review.
- Neglect, noncommunication, failure to return client files, and retention of unearned fees across multiple matters supported a five-year suspension.
- The Court required Thornton to refund six clients, complete ethics training, pay costs, and satisfy reinstatement requirements before returning to practice.
Why It Matters
The decision illustrates Kentucky’s willingness to impose a lengthy suspension when an attorney repeatedly abandons client matters and disregards disciplinary proceedings. It also underscores that an existing suspension does not excuse a lawyer’s continuing obligations to inform clients, protect their interests, return property, and refund unearned fees.