CourtListener opinion 9381606

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TO BE PUBLISHED

 Supreme Court of Kentucky
 2022-SC-0461-KB

KENTUCKY BAR ASSOCIATION MOVANT

V. IN SUPREME COURT

MELISSA JAN WILLIAMSON RESPONDENT

 OPINION AND ORDER

 Melissa Jan Williamson, Kentucky Bar Association ("KBA") Number

85606, was admitted to the practice of law in the Commonwealth of Kentucky

on January 10, 1995. Her bar roster address is listed as P.O. Box 474, McKee,

Kentucky 40447. In this default case under SCR1 3.210, the KBA Board of

Governors ("the Board") recommends this Court find Williamson guilty of

violating one count each of SCR 3.130(1.3), SCR 3.130(1.4)(a), SCR

3.130(1.4)(b), and SCR 3.130(8.1)(b).

 For these violations, the Board recommends that Williamson be

suspended from the practice of law in the Commonwealth of Kentucky for 30

days and that she be required to pay the costs associated with this action. For

the reasons below, we agree and adopt the recommendation of the Board.

 1 Supreme Court Rule.
 I. BACKGROUND

 In January of 2018, Angela Dalton hired Williamson to represent her in a

marriage dissolution action before the Jackson County Family Court (Dalton v.

Dalton, Case No. 18-CI-00035). Dalton paid Williamson $800 for her

representation. Williamson filed the Verified Petition for Dissolution of

Marriage on February 23, 2018. At the final hearing, Williamson informed the

family court Dalton wanted half of her husband's 401k. The Judge asked

Williamson to draft the decree and asked Williamson how much was in the

401k. Williamson informed the family court she was unaware of the amount in

the 401k, but after she had the decree, she would contact the Plan

Administrator to find out how she should prepare the Qualified Domestic

Relations Order ("QDRO").

 Williamson then failed to contact Dalton for a period of several months.

Dalton eventually resorted to contacting the Circuit Court Clerk and she

learned nothing had been filed finalizing her divorce. Dalton requested her

case be put on the court's docket. At a hearing on July 30, 2019, at which

Williamson appeared, the judge entered the final decree. Contrary to Dalton's

request, the decree made no mention of restoring Dalton to her maiden name

or the division of her now-former husband's 401k. Williamson admitted to

Dalton that she had not filed the required documentation for Dalton to receive

half of the 401k prior to the hearing. Subsequently, Williamson prepared an

amended final decree in which Dalton received half of the 401k. The judge

signed the amended decree on August 20, 2019.

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 Afterwards, Dalton was again unable to reach Williamson. Williamson's

office told Dalton that Williamson was working on the QDRO and Williamson

would call Dalton back. Williamson failed to return those calls and in late

2020 or early 2021 Dalton discovered Williamson had closed her office but had

failed to notify her. Williamson never completed the QDRO and she did not

refund the unearned portion of her fee.

 On July 27, 2021, Dalton filed a complaint against Williamson with the

KBA. The Office of Bar Counsel ("OBC") sent Williamson a copy of the

complaint along with instructions to respond within 20 days. On September

10, 2021, OBC contacted Williamson and Williamson requested a three-week

extension. Williamson again failed to respond to the complaint.

 On December 10, 2021, the Inquiry Commission filed a Charge against

Williamson, a copy of which was served by certified mail upon Williamson. The

Charge alleged violations of SCR 3.130(1.3) for failure to act with reasonable

diligence and promptness, SCR 3.130(1.4)(a) for failure for keep Dalton

informed of her case, SCR 3.130(1.4)(b) for failure to explain matters

sufficiently to Dalton, SCR 3.130(1.16)(d) for failure to return any unearned fee

upon termination of representation, and SCR 3.130(8.1)(b) for Williamson's

failure to respond to the Inquiry Commission. Williamson did not answer the

Charge. OBC moved to suspend Williamson on February 11, 2021, for her

failure to answer and on March 7, 2022, this court issued an order to

Williamson to show cause why she should not be suspended. Williamson did

not respond. We suspended Williamson from the practice of law indefinitely on

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 June 16, 2022. The OBC submitted this matter to the Board by default

pursuant to SCR 3.210 and upon its review the Board found Williamson guilty

of all counts save the violation of SCR 3.130(1.16)(d). The Board then issued

the recommendation before us now.

 II. PRIOR DISCIPLINE

 Williamson's sole instance of prior discipline was her indefinite

suspension by this Court's June 16, 2022 order for her failure to answer the

charge now at issue.

 III. AGGRAVATING AND MITIGATING FACTORS

 The known applicable aggravating factors include: (1) bad faith

obstruction of the disciplinary proceeding by intentionally failing to comply

with rules or order of the disciplinary agency; (2) vulnerability of the victim;

and (3) Williamson's substantial experience in the practice of law.

 As a mitigating factor we note that Williamson in her 28 years as a

member of the bar has no history of prior discipline outside of this matter.

Further, the record indicates that Williamson performed sufficient work to earn

the fee paid by Dalton and Williamson was ultimately able to finalize Dalton's

divorce and provide Dalton with half of Dalton's ex-husband's 401k.

 IV. ANALYSIS

 The Board recommends that Williamson be suspended for 30 days and

be ordered to pay the costs associated with this action. Having reviewed the

record, we agree that the Board reached the appropriate conclusions as to

Williamson's guilt. Williamson has not filed a notice to this Court to review the

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 Board's decision, and we do not elect to review the decision of the Board under

SCR 3.370(8). Accordingly, the decision of the Board is adopted under SCR

3.370(9).

 V. CONCLUSION

 For the foregoing reasons, it is hereby ORDERED:

 1. Melissa Jan Williamson is found guilty of violating SCR 3.130(1.3),

 SCR 3.130(1.4)(a), SCR 3.130(1.4)(b), and SCR 3.130(8.1)(b).;

 2. Melissa Jan Williamson is suspended from the practice of law in the

 Commonwealth of Kentucky for 30 days.

 3. Under SCR 3.390, Williamson:

 a. shall notify all clients in writing of her inability to continue to

 represent them and shall furnish copies of all such letters to the

 Director of the Kentucky Bar Association. These notices shall

 be mailed or emailed to the respective clients within ten (10)

 days or the entry of this Order, if not already mailed.

 Williamson shall make arrangements to return all active files to

 the client or new counsel and shall return all unearned attorney

 fees and client property to the client and shall advise the

 Director of such arrangements within the ten (10) day period;

 b. must not, during the term of suspension and until

 reinstatement, accept new clients or collect unearned fees;

 c. must immediately cancel any pending advertisements; must

 terminate any advertising activity for the duration of the term of

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 suspension; and must not allow her name to be used by a law

 firm in any manner until she is reinstated.

4. In accordance with SCR 3.450, Williamson is directed to pay all costs

 associated with these disciplinary proceedings against her, said sum

 being $198.18, for which execution may issue from this Court upon

 finality of this Opinion and Order.

All sitting. All concur.

ENTERED: March 23, 2023.

 ______________________________________
 CHIEF JUSTICE

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