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RENDERED:  JULY 6, 2012; 10:00 A.M.
TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2010-CA-002058-MR
NARDOS A. BENTON APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
v. HONORABLE KIMBERLY N. BUNNELL, JUDGE ACTION NO. 10-CI-00889
BOYD & BOYD, PLLC and TRACI H. BOYD APPELLEES
OPINION
AFFIRMING

** ** ** ** **
BEFORE:  COMBS AND MOORE, JUDGES; LAMBERT,1 SENIOR JUDGE.
COMBS, JUDGE:  This is a case involving a lawsuit for legal malpractice filed by
Dr. Nardos Benton against the attorney and the law firm representing her in her
divorce action.  The Fayette Circuit Court granted summary judgment to attorney
1 Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580.
Traci Boyd and to the law firm of Boyd & Boyd, PLLC, and dismissed the legal

malpractice action.  Dr. Benton has appealed that dismissal.  
Boyd was one of several attorneys who successively represented Dr. Benton in her contentious divorce from Scott Benton.  Before Boyd undertook her representation, Dr. Benton signed an agreement on June 26, 2008, in which she was to receive all of the real estate that the parties owned in exchange for her equalization payment of $195,000 to Scott.  Her payment was due in several sizeable installments.  The agreement also required Dr. Benton to transfer the entire value of her 401(k) retirement account acquired through the St. Claire Medical Center to Scott within fifteen days of the entry of the divorce decree.
On September 3, 2008, Dr. Benton filed a motion seeking to declare that the settlement agreement was unconscionable.  Following a hearing, the motion was overruled.  Accordingly, on October 28, 2008, the court entered the decree of dissolution, which incorporated the settlement agreement.  
Dr. Benton retained Boyd as appellate counsel on December 1, 2008.  The time to file an appeal from the decree of dissolution had expired.  No longer having the leverage of an appeal, Boyd undertook negotiations with Scott and his counsel. Dr. Benton claimed that she did not have the resources to pay her agreed obligation.  During the negotiations, Dr. Benton informed her counsel and Scott

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Kentucky Law