Reading Assignment

A public reprimand with terms has been ordered by the Virginia State Bar Seventh District Subcommittee to an attorney admitted in 1977.

He had undertaken a representation in 2000

In meetings that occurred in September and December 2000, Respondent agreed to represent William and Gloria Richardson regarding the transfer of ownership of property located at 112 Josephine Street in Berryville, Virginia, a National Historic District founded by emancipated slaves. The Richardsons sought to consolidate ownership of the property from multiple heirs to William Richardson. 

Respondent did not have a written fee agreement with the Richardsons.

Information about the area is linked here.

The Richardsons made a number of fee payments

On November 2, 2000, [family member, heir and Respondent’s former client] Melvin signed a quitclaim deed that transferred her interest in the property to Mr. Richardson. On December 12, 2000, Respondent sent a check in the amount of $3,000 to Melvin with a letter that stated, in part, that the payment was for “any real estate taxes or other costs and expenses [she] may have paid in connection with the above property.” Respondent did not record the quitclaim deed executed by Melvin.

Respondent failed to make any additional payments to the heirs or to record any of the quitclaim deeds in his possession.

Thereafter

The Richardsons called Respondent several times between 2009 and 2019 to schedule a meeting, but he did not return their calls. In 2019, Mrs. Richardson and Donna Richardson travelled to Virginia for a family event. Mrs. Richardson made multiple calls to Respondent to schedule a meeting, however, he failed to return her calls.

For decades, Respondent did not return the client funds in the amount of $12,500 that remained in his trust account to the Richardsons, even though he did not complete the work he was hired to perform.

Then

In December 2019, William Richardson passed away. As of that day, Respondent had not completed the work nor had he returned any funds to the Richardsons. After Mr. Richardson’s death, Gloria Richardson and her daughter, Donna Richardson (“Ms. Richardson”), retained Susan French to represent them in the matter.

French sought return of the fees and filed a bar complaint 

French alleged that over a period of 23 years, Respondent failed to complete the work that he was hired to perform and he failed to maintain communication with the Richardsons. French alleged that despite Respondent’s abandonment of the representation, Respondent failed to terminate the representation formally and kept $12,500 of client funds, even though he did not complete the work.

On October 4, 2023, Respondent and the Richardsons entered into a Settlement and Release Agreement. Respondent agreed to pay $16,000 to Mrs. Richardson and an anonymous donation to a nonprofit entity selected by the Richardsons. On October 5, 2023, Respondent issued payment to Mrs. Richardson pursuant to the Settlement and Release Agreement.

One of the terms

Respondent will read in its entirety Lawyers and Other People ‘s Money, 5th Edition, and Legal Ethics Opinion 1606 and will certify compliance in writing to Assistant Bar Counsel Tenley Carroll Seli not later than 30 days following the date of approval of any Subcommittee Determination approving this Agreed Disposition.

(Mike Frisch)