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### V. IN SUPREME COURT

DAVID THOMAS SPARKS RESPONDENT

OPINION AND ORDER
The Board ofGovernors ("Board") for the Kentucky BarAssociation ("KEA") recommends this Court suspend Respondent, David Thomas Sparks, from the practice oflawfor one year, to run consecutively with other pending suspensions and that he be required to repay his former client, Donald G. Meredith, the sum of$1,000.00. The Board further recommends that Respondent be required to attend ancl successfully complete the Ethics·and Professional EnhancementProgram ("EPEP"), and that Respondent be referred to the Kentucky LawyerAssistance Program ("KYLAP"). The Board also proposes that Respondent be required to satisfy all conditions imposed in other pending disciplinary actions 1 and that Respondent be required to pay all costs

1 Previously, by Opinion and Order, Respondentwas suspendedfrom the practice oflawin February2016 for one hundred eighty one-one days, with one hundred twenty days ofthat suspensionprobatedwith conditions. In Septemberassociated with this action. Respondent's bar roster address is 1719 Ashley Circle, Suite 100, P.O. Box 1925, Bowling Green, KY 42102-1925, and his KBA Member Number is 85840.
I. BACKGROUND In December 2014, Donald G. Meredith paid Respondent $1,000.00 to represent him in a foreclosure action in which Meredith and his wife claim that $50,000.00 ofpersonal property was stolen from their vacated home. After paying Respondent the $1,000.00, Meredith claimed that Respondent provided
no legal services; that he failed to respond to two registered letters requesting information; and that he also did not provide consultation or any work. After many unsuccessful attempts to. contact Respondent, Meredith filed
a bar complaintwith the KBA inAprir2016. Upon receiving and reviewing the complaint, the Office ofBar Counsel ("OBC") mailed a copy to Respondent via certified mail at his barroster address. Respondent did not answer the complaint. A couple ofweeks later, OBC mailed the Warren County Sheriffs Office a copy ofthe ~ompiaintfor personal service at Respondent's bar roster address. Eventually, .the Sheriffs Office was able to serve Respondent with a

2016, this Court suspended Respondentfor one hundred eighty-one days to run consecutivelyto his previous suspension. In December 2016, this Court revoked Respondent's probation imposed in February 2016 due to violation ofthe conditions assessed inthat case·andimposed the remaining one hundred twenty day suspension originally ordered in February 2016. Respondent must complete the one hundred eighty-one day suspension ordered in September 2016, as well as, the onehundred twenty day suspension thatwas probated inFebruary2016 and ordered in December 2016 to be served due to revocation. 2

### copy at a different address. Again, no response to the complaintwas filed by Respondent. In August 2016, the Inquiry Commission ("Commission") launched a complaint against Respondent alleging the following violations: (1) SCR 3.130(1.3) (Diligence) for failing to act with reasonable diligence and promptness in representing a client; (2) SCR 3.130(1.4)(a)(2) (Communication) for failure to consult with a client aboutthe means bywhich the-client's objectives are to be accomplished; (3) SCR 3.130(1.4)(a)(4) (Communication) for failure to promptly complywith reasonable requests for information; (4) SCR 3.130(1.16)(d) (Declining orTerminating Representation) for abandoning the client, failing to return the client's paperwork, failing to return any advance paymentnotused, and failure to properlywithdraw from the case upon termination ofrepresentation; (5) SCR 3.130(8.l)(b) (BarAdmission and Disciplinary Matters) for failure to respond to a lawful demand for information from a disciplinary authority. The Commission's Charge was mailed to Respondent inAugust 2016. It was retur;ned with a handwritten note that read "BOX CLOSED, UNABLE TO FORWARD." Numerous otherunsuccessful attempts were made by the Warren County Sheriffs Department to serve Respondent. Respondent has not filed an answer to the Commission's Charge.
II. ANALYSIS 

### Due to Respondent's failure to respond to the Charge, the Commission submitted the matter to the Board ofGovernors under SCR 3.210(1), our rule

3for processing cases ofdefault.2 Following a discussion ofthe charges, seventeen members ofthe Board voted on Respondent's charges and unanimously found him guilty ofeach charge. After considering Respondent's prior disciplinary history, the Board unanimously recommended the disciplinary measures proffered by the Commission as previously set forth herein. The Board also voted that service ofthis suspension run consecutively to the suspensions previously ordered in Kentucky BarAssociation v. Sparks, 480 S.W.3d 278 (Ky. 2016)3; Kentucky BarAssociation v. Sparks, 498 S,:W,3d 389 (Ky. 2016)4 ; and Kentucky BarAssociation v. Sparks, 505 S.W.3d 258 (Ky. 2016).5 Having reviewed the record, we agree that the Board reached the appropriate conclusions as to Respondent's guilt." Respondent has not filed a notice to this Court to review the Board's decision, and we do not elect to

2 "Ifno answer is filed after a.Respondentis notified, the Inquiry Commission shall order the record, togetherwith suchinvestigative evidence as may have been obtained, to be submittedto the Board." 3 In February 2016, by Opinion and Order, Re~pondent was suspendedfrom the practice oflawfor a period ofone hundred eighty-one days, with sixty-one days to be served and the remainderto be probatedwith conditions. 4 In September 2016, by Opinion and Order, Respondentwas suspendedfrom th~ practice oflawfor a periodofone hundred eighty-one days to run consecutivelyto the suspension orderedbythis Courtin February2016. s In December of2016, by Opinion and Order, this Courtrevoked the partially · probated suspensionfrom February 2016 and ordered Respondent to setve the remaining ofthe one hundred twenty days. One ofthe conditions ofprobation was that Respondentwas not to receive anynew disciplinary charges after February 2016, and the OBC received a newcomplaint in April 2016. · 4review the decision ofthe Board under SCR 3.370(8).6 Accordingly, the decision of_the Board is hereby adopted under SCR 3.370(9).7 For the foregoing reasons, it is hereby ORDERED: 1. Respondent, David Thomas Sparks, is found guilty ofviolating SCR 3.130 (1.3); SCR 3.130 (1.4)(a)(2); SCR 3.130 (l.4)(a)(4); SCR 3.130 (1.16)(d); and SCR 3.130 (8. l)(b). 2. Respondent is suspended from the practice oflawfor one year to run consecutively with the one hundred eighty-one days from the February 2016 Opinion and Order and another one hundred eighty-one day suspension from the September 2016 Opinion and Order, all to run consecutively.' Further Respondent is to be referred to KYLAP; directed to attend and successfully complete EPEP; directed to refund the $1,000.00 unearned fee to Donald G. Meredith; and directed to satisfy all conditions imposed in this and the other pending disciplinary actions. 3. As required by SCR 3.390, Respondent shall notify byletter duly placed with the United States Postal Service, all courts or tribunals in which he

6 "Ifno notice ofreviewisfiled by eitherparty, the Courtmaynotify Bar Counsel and Respondent thatitwill review the decision. Ifthe Court so acts, Bar Counsel and Respondent may eachfile briefs, not to exceed thirty (30) pages inlength, within thirty (30) days, with no right to file reply briefs unless by order ofthe Court, whereupon the case shall stand submitted. Thereafter, the Court shall enter such orders or opinion as it deems appropriate on the entire record."
1 "Ifno notice ofreview is·filed by either ofthe parties, or the Courtunder paragraph eight (8) ofthis rule, the Court shall enter an order adopting the decision of the Board orthe Trial Commissioner, whichever the case maybe, relatingto all matters."
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### has matters pending, and all his clients ofhis inability to represent them and ofthe necessity and urgency ofpromptly retaining new counsel. Respondent shall simultaneously provide a copy ofall such letters of notification to the Office ofBar Counsel. Respondent shall immediately cancel any pending advertisements to the extentpossible, and shall terminate any advertising activity. 4. In accordance with SCR 3.450, Respondent is directed to pay all costs associated with these disciplinary proceedings against him, said sum being·$342.85, for which execution may issue from this Court upon finality ofthis Opinion and Order. All sitting. All concur. ENTERED: JUNE 15, 2017.

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