A Settlement Offer Leads To A Long Suspension
A three-judge Circuit Court of Chesterfield County Virginia accepted an agreed five-year suspension of an attorney who made a settlement offer that a pro se defendant managed to not only refuse but record
On April 17, 2015, on behalf of his client William Belcher (“Belcher”), Respondent filed a lawsuit (“Lawsuit”) against Doe in the Hopewell Circuit Court. The Lawsuit alleged that by notarizing the Unsigned Document, Doe had committed official misconduct in violation of Virginia Code Section 47.1-26, and had facilitated a fraud by Julie Belcher that had caused William Belcher to suffer a loss of$10,157.85. The Lawsuit demanded general damages of$10,157.85 and punitive damages of$100,000.00.
The offer
On April 23, 2015, Respondent called Doe at work and asked if Doe wanted to make an appointment to discuss settlement of the Lawsuit Doe agreed to meet with Respondent at his office after she got off work that day.
Before she arrived at Respondent’s office, Doe contacted a friend, Mimi Canada, and asked Mimi Canada to accompany her to Respondent’s office. Mimi Canada was unavailable and suggested that Doe record the meeting.
At approximately 6:00 p.m. on April 23, 2015, Doe and Respondent met alone in a conference room at his office. Unbeknownst to Respondent, Doe had started making an audio recording on her cell phone before she exited a vehicle and continued recording throughout and after the meeting, even when she was alone in Respondent’s conference room.
During the meeting, Respondent suggested a settlement of the Lawsuit in which Doe would pay the settlement proceeds over five years. When Doe indjcated that she had no money for settlement, Respondent offered to settle the Lawsuit in full if Doe would engage in intimate contact with him.
But
The meeting ended soon after a cleaning crew arrived at Respondent’s office and Respondent left Doe in the conference room alone. Doe texted for approximately two minutes and then left Respondent’s office.
The ensuing report led to the appointment of a special prosecutor, who declined to prosecute. The bar complaint was filed by the Commonwealth’s Attorney. (Mike Frisch)