KENTUCKY BAR ASSOCIATION v. STITH (2020)

OPINION AND ORDER

The Kentucky Bar Association (KBA) moves this Court to indefinitely suspend Ryan Richard Stith from the practice of law pursuant to SCR 3.380(2). Stith's KBA membership number is 97935 and his bar roster address is 541 Skyview Lane, Lexington, Kentucky 40511. He has been licensed to practice law in the Commonwealth of Kentucky since May 1, 2018.

The KBA's Inquiry Commission issued a charge against Stith related to his actions and inactions while he was an associate of Wael Ahmad, an attorney licensed in Kentucky specializing in immigration law. Ahmad alleged Stith provided ineffective assistance of counsel to at least four of his clients. Ahmad indicated Stith admitted he was struggling with alcohol impairment several weeks before he left the firm to seek treatment. Stith had no further contact with the firm after he departed. Ahmad filed a bar complaint against Stith detailing his misrepresentation of clients.

Specifically, Edgar Fuentes Orduna retained Stith to file an appeal. Stith missed the filing deadline, failed to alert anyone at the firm filings were due, and did not perform any work on Orduna's appeal. Pankajkumar Bharatbhai Patel also hired Stith to handle his immigration case. Stith did not seek a continuance or file appropriate forms, and he failed to aid new counsel in Patel's case. Furthermore, Stith failed to seek guidance on the case when he was not qualified to handle the issues involved and failed to perform any work on the case.

Omar Lopez Vazquez retained Stith to file an appeal on his behalf. Stith misplaced the order of removal and did not create a case file on Vazquez's behalf. Stith did not prepare the appeal and later admitted it was due to his “inexperience in this new field.” Stith filed an untimely notice of appeal in Vazquez's case, which was dismissed as a result. Maria Velasco-Pu also hired Stith to file an appeal on her behalf. Stith filed an untimely notice of appeal and Velasco-Pu's appeal was, therefore, dismissed.

Service of the complaint was unsuccessful by certified mail at Stith's bar roster address. However, the Fayette County Sheriff's Department was successful in perfecting personal service. Stith failed to respond to the complaint. Thereafter, the Inquiry Commission charged Stith with violating SCR 3.130(1.1) (competency), SCR 3.130(1.3) (reasonable diligence), SCR 3.130(1.4)(a)(3) (communication), and SCR 3.130(8.1)(b) (failure to respond to a lawful demand from a disciplinary authority). Stith was served with the charge by certified mail, for which he personally signed. Stith called the Office of Bar Counsel. Based on that conversation, bar counsel emailed Stith a standard letter which accompanies charges, the charges against him, a Kentucky Lawyer's Assistance (KYLAP) authorization form, and an acknowledgement form for him to sign. Stith emailed bar counsel stating he would mail the notarized acknowledgement of service and the KYLAP form.

More than four months later, bar counsel emailed Stith to let him know that he had still yet to file an answer to the charge and if he did not do so within ten days, it would file the present motion for indefinite suspension pursuant to SCR 3.380. Stith did not respond to bar counsel or answer the charge.

Despite KBA's numerous attempts, Stith has failed to participate in the disciplinary process—including his failure to answer either the initial bar complaint or the charge against him. Due to Stith's failure to respond, the KBA requests that this Court indefinitely suspend Stith under SCR 3.380(2), which states in pertinent part: “In cases in which the Respondent has failed to answer a charge filed pursuant to Rule 3.200, or having answered, has thereafter declined to participate in the disciplinary process the Court may in its discretion, sua sponte or on motion by the Office of Bar Counsel, suspend the Respondent from the practice of law for an indefinite period of time.” Having reviewed the KBA's motion, we agree that indefinite suspension is warranted.

For the foregoing reasons, it is hereby ORDERED:

1. Pursuant to SCR 3.380(2), Ryan Richard Stith is hereby suspended indefinitely from the practice of law in the Commonwealth of Kentucky.

2. As required by SCR 3.390, Stith will within ten (10) days after the issuance of this order of suspension notify, by letter duly placed with the United States Postal Service, all courts or other tribunals in which he has matters pending of his suspension. Further, he will inform, by mail, all his clients of his inability to represent them and of the necessity and urgency of promptly retaining new counsel. Stith shall simultaneously provide a copy of all such letters of notification to the Office of Bar Counsel. Stith shall immediately cancel any pending advertisements, to the extent possible, and shall terminate any advertising activity for the duration of the term of suspension.

3. As stated in SCR 3.390(a), this order shall take effect on the tenth day following its entry. Stith is instructed to take promptly all reasonable steps to protect the interests of his clients. He shall not during the term of suspension accept new clients or collect unearned fees and shall comply with the provisions of SCR 3.130–7.50(5).

/s/ John D. Minton, Jr.

 CHIEF JUSTICE

All sitting. All concur.