In re Duke
In re Duke
Opinion of the Court
In these three disciplinary matters, the State Bar, following findings of probable cause by the Investigative Panel, properly served Respondent, Kenneth Allen Duke, with Notices of Discipline alleging violations of various professional standards in connection with his representation of three clients. Duke failed to file a Notice of Rejection in the cases, and is, accordingly, in default. Bar Rule 4-208.1 (b).
In each of these cases Duke agreed to handle the client’s case, did not perform work for the client, did not respond to the client’s queries about the status of the client’s case, and did not return the client’s file. Also, in each case, Duke failed to refund any unearned fees on the client’s request. In addition, Duke failed to file a response to the Notice of Investigation in each case as required by Bar Rule 4-204.3.
We find that Duke’s conduct violated the following professional standards of Bar Rule 4-102 (d): 4 (professional conduct involving dishonesty, fraud, deceit or wilful misrepresentation); 5 (false, fraudulent, deceptive or misleading communication about the lawyer or the lawyer’s services); 22 (failure to properly withdraw from employment); 23 (failure on withdrawal from employment to promptly refund unearned fees); 44 (wilful abandonment or disregard of a client’s legal matter); 45 (using false statements or otherwise engaging in illegal conduct or conduct in violation of disciplinary rules in the representation of a client); 61 (failure to promptly notify a client of the receipt of client funds or property and to promptly deliver the
Accordingly, Duke is disbarred from the practice of law in Georgia. He is reminded of his duties under Bar Rule 4-219 (c) (1) and (2).
Disbarred.
Reference
- Full Case Name
- IN THE MATTER OF KENNETH ALLEN DUKE
- Status
- Published