Charlotte attorney given stayed suspension

Attorney: Kenneth T. Davies

Location: Charlotte

Bar membership: Member since 1980

Disciplinary action: Suspended from the practice of law for one year on Aug. 21. The suspension is stayed for two years so long as Davies complies with certain conditions.

Background: Davies represented a client in a lawsuit stemming from a business dispute. After the lawsuit was placed on the trial calendar, Davies presented the client with a promissory note in favor of his law firm to secure the payment of unpaid invoices. Davies also presented the client with a written fee agreement for the first time, in which the client agreed to pay “a reasonable attorney’s fee.” Davies told the client that he would not continue to represent her unless she signed both documents and failed to advise her of the desirability of seeking independent legal counsel regarding the promissory note. After the case was settled, Davies sent the client a proposed distribution of settlement funds. The client did not agree to the proposal and disputed the size of Davies’ proposed fee, but Davies nevertheless disbursed the client’s entrusted funds to his law office without the client’s consent or authorization.

Previous discipline: Davies was censured in September 2018 for permitting James Neal Rodgers, a disbarred attorney, to engage in the unauthorized practice law while working as a paralegal for Davies’ firm, and reprimanded in May 2017 for rules violations also stemming from work that Rodgers performed. Davies also utilized Rodgers’ services in representing the client at issue in the present case.

All information contained in the Bar Discipline Roundup is compiled and edited by Lawyers Weekly editor-in-chief David Donovan. He can be reached at [email protected].