My Old Virginia Home

The New York Appellate Division for the Second Judicial Department suspended an attorney for one year for misconduct in a jurisdiction where he is not admitted to practice

The petition alleges one charge of professional misconduct. On March 4, 2021, the respondent accompanied his friend William Duncan, the defendant in a traffic matter, to the Virginia General District Court in Augusta County, Virginia. When Duncan’s case was called, the respondent, who is not admitted to practice law in Virginia, accompanied Duncan to the defendant’s table.

Before the proceeding began, the Honorable Rupen R. Shah twice asked the respondent if he was licensed to practice law in Virginia. Both times the respondent answered in the affirmative. When Judge Shah asked the respondent if he had an office in Virginia, the respondent answered in the affirmative. When Judge Shah asked for the respondent’s Virginia bar identification number, the respondent said that he did not have it with him, but he assured Judge Shah that he had a Virginia attorney identification card

. Judge Shah allowed the proceeding to go forward, and the respondent cross-examined a police officer. After the case concluded, Judge Shah discovered that the respondent was not admitted to practice law in Virginia. On that same date, Judge Shah found the respondent guilty of summary contempt, pursuant to Virginia Code Annotated § 18.2-456. The respondent was fined $250, and a 10-day jail sentence was suspended.

Based on the above, the respondent was charged with engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation that was prejudicial to the administration of justice, in violation of rule 8.4(c) and (d) of the Rules of Professional Conduct (22 NYCRR 1200.0). 

In Virginia

In June 2021, in a separate proceeding, a warrant of arrest was issued for the respondent for a charge of unlawful practice of law in Virginia, in violation of Virginia Code Annotated § 54.1-3904, a misdemeanor. In connection with his nolo contendere plea to that charge on January 7, 2022, the respondent agreed to complete 50 hours of ethics continuing legal education (hereinafter CLE) classes in New York or Virginia and to report the disposition of his contempt and unauthorized practice of law cases to a New York State Grievance Committee in contemplation of dismissal of the charge. Dismissal of the charge was also contingent on 12 months of good behavior. The respondent was directed to return to the Virginia court on January 5, 2023. The respondent did not report his misconduct to the Grievance Committee until December 2022. The respondent testified at his EUO that he waited until he had finished taking all of his CLE classes to report his misconduct to the Grievance Committee.

The respondent testified at the hearing that he was not contesting his misconduct and asked for leniency. The respondent acknowledged that he had made a mistake and provided evidence that he had been struggling with a mental health issue for the past several years, which caused his impulsive behavior. However, the respondent only sought treatment in 2023, and the treatment ended in the beginning of 2024.

Explanation in New York

The respondent recounted that he just jumped up and sat at the defendant’s table with his friend. The respondent admitted that when Judge Shah asked him if he was a licensed attorney in Virginia and if he had an office in Virginia, he answered yes to both questions. The respondent explained,

“[Judge Shah] did not ask me if I was admitted to practice in Virginia. He asked me, specifically, whether I was a licensed attorney in Virginia. So it was . . . I knew what he was asking me. I just interpreted it a little differently than he had . . . . I just thought there was like some ambiguity in his question.”

The respondent explained that he owned a home in Virginia and was working at home, and therefore, he believed that he had a home office in Virginia.

Here

Under the totality of the circumstances, we find that the respondent’s conduct warrants a suspension from the practice of law for a period of one year

(mike Frisch)