Cushion

An attorney with a high-volume personal injury practice accepted a public reprimand with terms by the Virginia State Bar Disciplinary Board. 

The investigation was initiated based on the complaint of a former employee.

The misconduct involved trust account administration and disbursement issues 

Respondent admitted that he had not maintained the required trust account records including individual client ledgers, a receipt and disbursements journal, and he was not performing monthly reconciliations of his trust account.

Respondent admitted to maintaining earned fees in his trust account as a “cushion.” On May 9, 2024, Respondent told Baker he had disbursed the “cushion” from his trust account and estimated the amount disbursed was “probably over $60,000.” On May 29, 2024, Respondent provided Baker with an account statement which reflected Respondent disbursed $16,195.93 on May 7, 2024.

Respondent admitted he did not create individual client ledgers until March 2022.

MedPay

Respondent often received medical expense reimbursement (“MedPay”) from client’s automotive insurance carriers. MedPay is a benefit clients received to reimburse for medical expenses.

Respondent would place the MedPay checks in a manilla envelope, where they often expired. Respondent did not notify clients upon receipt of a MedPay check from their insurance provider.

Respondent admitted he was not timely depositing MedPay checks because it was “additional work.”

The terms require six hours of CLE, hiring an accountant to review his procedures and a reading assignment

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 Bar Counsel not later than 90 days following the date of entry of this Order.

A year and day suspension shall be imposed for failure to honor the terms.  (Mike Frisch)