Esq.

An agreed reprimand without terms  for unauthorized practice while suspended for MCLE non-compliance was accepted by the Virginia State Bar Disciplinary Board

The Certification asserts that Respondent held himself out, between March 17 to April 26, 2023, as authorized to practice law in the Commonwealth of Virginia and did in fact practice law by, inter alia, using “Esq.” after his name on emails, drafting, revising, and giving legal advice regarding estate planning documents (including wills, trusts, powers of attorney, and advance medical directives), while his license was administratively suspended. Respondent admits that he engaged in some degree of work but asserted that he believed the referenced work was at a level that did not require a law license. In his Answer to the Certification, Respondent  admitted that he did not disclose his suspension to prospective clients who did not engage his services.

‘Between March 17, 2023, and April 26, 2023, Respondent sent 369 emails from his email address, all of which contained his automated signature block identifying him as “Jonathan D. Cox, Esq.” Respondent cooperated in providing these records during the investigation.

Those same emails included correspondence to and from clients who had engaged Respondent while Respondent was actively licensed and from prospects who were seeking to engage the Respondent (some of whom ultimately did). In these emails, Respondent sought decisions such as who would be a beneficiary; and answered questions such as how wills relate to trusts. Respondent (who was a Notary) also held execution meetings during this period to collect client signatures upon estate plans. Respondent’s estate plans were based on templates that he created long before the administrative suspension. He believed at that time that the referenced Q&A with clients and his efforts to complete templates was sufficiently basic so as to be consistent with what he had previously observed non-licensed personnel performing at other law firms.

Respondent in his Answer to the Certification admitted receiving payments during the administrative suspension. His Answer also admitted receiving payment for Client DQ between April 19 and 26, 2023, for work performed on April 19 and 20, 2023 – at a time when Respondent believed his license had been reinstated.

Based on the above-referenced emails that Respondent provided to the Bar, Respondent communicated during the administrative suspension period with at least twenty clients and/or prospective clients regarding his legal services.

(Mike Frisch)