IN RE: Rebekah Jean LOVELL f/k/a Rebekah Jean Rice (2025)

OPINION AND ORDER

On January 17, 2025, the Kentucky Bar Association (KBA) filed a motion asking this Court to indefinitely suspend Rebekah Jean Lovell pursuant to Kentucky Supreme Court Rule (SCR) 3.167 for her failure to file an Answer to a Charge. Lovell's KBA membership number is 95696, and her bar roster address is P.O. Box 456, Maysville, Kentucky 41056. She was admitted to the practice of law in this Commonwealth on October 18, 2013, and has no prior disciplinary history.

In October 2024, the Inquiry Commission issued a multiple count Charge against Lovell which stemmed from a Bar Complaint filed by a former client. Although Lovell previously filed a response to the Bar Complaint, she failed to respond to the Charge. On March 3, 2025, this Court issued a show cause order directing Lovell to show why she should not be indefinitely suspended. After this Court granted Lovell's motion for an enlargement of time, Lovell filed a verified response to the show cause order.

The Charge at issue arises from a Bar Complaint filed against Lovell by a former client, Amanda Kidwell. In May 2023, Kidwell hired Lovell to assist her and her fiancé with obtaining long-term care benefits through Medicaid for her fiancé’s grandfather, Oral Zornes. Zornes had been deemed ineligible for long-term care benefits through Medicaid due to a property transfer transaction with his ex-wife that was for less than fair market value and occurred during Medicaid's five-year look-back period.

Kidwell alleges that during the initial consultation, Lovell misrepresented to Kidwell and her fiancé that she had the requisite knowledge of Medicaid rules and eligibility to adequately represent them. After Kidwell paid Lovell a $5,000 advance fee, Kidwell asserts that Lovell displayed a complete lack of understanding of Medicaid rules and failed to obtain any of the objectives for which she was hired.

After receiving the Bar Complaint, Lovell communicated with the Office of Bar Counsel (OBC) via email and twice received extensions of time to file her response. In her response, Lovell countered Kidwell's claims and outlined the efforts she made in representing Kidwell. She also explained that during part of the representation, she was pregnant and unexpectedly hospitalized with severe pregnancy complications, which ultimately led to giving birth six weeks before her due date. After giving birth, Lovell experienced postpartum complications which lead to further medical intervention and hospitalization, and her infant child was admitted to the NICU. After returning to work in a reduced capacity in November 2023, Lovell's child was hospitalized for RSV for eight days.

In her response, Lovell disagreed with Kidwell's assertion that Lovell took no action other than entering her appearance in the case. In support, Lovell attached emails and messages documenting the work she performed at various stages of the representation process. Lovell maintains that she communicated with Kidwell in a timely manner and that she diligently represented Kidwell to the best of her abilities.

On October 30, 2024, the Inquiry Commission issued a Charge alleging violation of SCR 3.130(1.1) for failing to provide competent representation; SCR 3.130(1.3) for failing to act with reasonable diligence; SCR 3.130(1.4)(a)(2) for failing to consult with Kidwell about the means by which Kidwell's objectives were to be accomplished; SCR 3.130(1.4)(a)(3) for failing to keep Kidwell reasonably informed about the status of the matter; SCR 3.130(1.4)(b) for failing to explain the matter to Kidwell so that she could make informed decisions, and SCR 3.130(1.5)(f) for failing to obtain a signed written fee agreement.

Lovell was served with a copy of the Charge by certified mail on November 19, 2024, but she did not file an Answer to the Charge. At the time the KBA filed its motion requesting indefinite suspension on January 17, 2025, the KBA had received no communication from Lovell.

On April 21, 2025, Lovell, now represented by counsel, filed a response to this Court's Show Cause Order. Lovell states that she has since sought leave to file a late Answer to the Charge in the disciplinary case. In her response, Lovell states that she has been employed as a Staff Attorney for the Cabinet of Health and Family Services since January 2, 2025. She also explained that her previous employment as an associate attorney in private practice, which ended in June of 2024, was both professionally and emotionally destabilizing. In 2017, she was diagnosed with anxiety and depression and in 2022, she was diagnosed with ADHD. She asserts that her condition is presently addressed by prescription medication. Since her last communication with Bar Counsel, Lovell has communicated with KYLAP and provided the required information and documentation for KYLAP to determine its appropriate involvement, if any. Lovell apologetically acknowledges that she was not as attentive to her mail or this disciplinary matter as she should have been. She asserts that with the help of counsel, she is fully committed to addressing this disciplinary matter.

Despite failing to file an Answer to the Charge, Lovell did respond to this Court's Order to Show Cause and has had intermittent contact with OBC throughout the process. Further, Lovell has shown cause as to why we should not indefinitely suspend her and provided sufficient information to explain her shortcomings in handling this disciplinary matter. At this time, we hereby deny the KBA's Motion for Suspension pursuant to SCR 3.167.

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Motion for Suspension pursuant to SCR 3.167 for Failure to File Answer to the Charge filed by the KBA is hereby DENIED.

2. If she has not already done so, Rebekah Jean Lovell f/k/a Rebekah Jean Rice shall file a formal Answer to the Charge issued by the Inquiry Commission within thirty days of the issuance of this Order. She shall also file a Notice with this Court that she has filed an Answer.

3. Lovell's KBA File shall be remanded to the KBA for further disciplinary proceedings as it deems appropriate.

/s/ Debra Hembree Lambert

 CHIEF JUSTICE

All sitting. All concur.