In re the Suspension of Welcome

58 V.I. 236, 2013 V.I. Supreme LEXIS 6
CourtSupreme Court of The Virgin Islands
DecidedFebruary 26, 2013
DocketS. Ct. Civ. No. 2012-0094
StatusPublished
Cited by9 cases

This text of 58 V.I. 236 (In re the Suspension of Welcome) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Suspension of Welcome, 58 V.I. 236, 2013 V.I. Supreme LEXIS 6 (virginislands 2013).

Opinion

OPINION OF THE COURT

(February 26, 2013)

■ Per Curiam.

This matter comes before the Court pursuant to the September 14, 2012 notice of appeal and October 1, 2012 brief filed by B. Patricia Welcome, Esq., both requesting that we reject an August 2, 2012 disposition of the Ethics and Grievance Committee of the Virgin Islands Bar Association (“EGC”), as well as the EGC’s October 15, 2012 response, which asks us to adopt its recommendations. In its disposition, the EGC finds that Welcome violated numerous ethical rules, and recommends that this Court, among other remedies, suspend her from the practice of law for one month. For the reasons that follow, we adopt in part and reject in part the EGC’s recommendation as to the ethical violations, and remand the matter to the EGC so that it may, in light of our decision, recommend and sufficiently justify a new sanction.

I. BACKGROUND

Lucille Richardson filed a grievance against Welcome with the EGC on December 23, 2003. In her grievance, Richardson stated that on December 19, 2002, her husband, through his attorney, served her with a petition for divorce along with a request for waiver of service and consent to the divorce. Richardson chose to contest the divorce, and prepared and [241]*241filed a pro se answer with the Superior Court of the Virgin Islands,1 which, among other things, requested distribution of real and personal property and asserted a claim for alimony. However, after she received a March 5, 2003 letter from her husband’s attorney informing her that the Superior Court had set the matter for mediation, Richardson chose to hire an attorney in lieu of proceeding pro se. Her daughter, Laura Severin, contacted Welcome on her behalf. In April 2003, Welcome spoke with Richardson on the telephone, informed her that she would require a $1,000.00 retainer, and asked that she provide her with copies of all documents relating to the divorce action. During the conversation, Richardson informed her that she no longer resided with her husband.

Welcome again spoke with Richardson on May 5, 2003, after she received the retainer, and again asked about her relationship with her husband. During this conversation, Richardson informed Welcome that she “was told by the Court to leave [her] husband’s home . . . after an incident there in which [she] was beaten and had to go to the hospital,” that her husband was not faithful during their marriage and would often leave her at home alone “while he went out with his girlfriend,” and that they owned real property in both of their names. (J.A. 150.) On May 7, 2003, Welcome entered her appearance in the divorce case on behalf of Richardson.

When Richardson did not hear from Welcome for more than a month, she made several unsuccessful attempts to contact her over the telephone, but when she ultimately reached her was told that she would send her a letter. After another month went by without receiving a letter, Richardson repeatedly called Welcome and was never able to speak with anyone in her office until September 2003, when Welcome personally answered the phone and told her that she had not sent her the letter but would send it soon.

On December 12, 2003, Richardson received a letter from Welcome, which was dated December 1, 2003. However, the correspondence also included copies of a May 16, 2003 letter from her husband’s attorney — asserting that Richardson possessed no claim for alimony or distribution of real property and “that mediation will be a waste of time and money,” [242]*242(J.A. 163-64), as well as a July 14, 2003 Divorce Decree, which granted the divorce petition, found that the parties possessed no property that required distribution, and stated that the parties had waived the issue of alimony. (J.A. 169.) In her letter, Welcome informed Richardson that “the law in the Virgin Islands would not support [her] claim for alimony,” and requested that she review the May 16, 2003 letter and provide her with “written comments” as to the real property allegations, and let her know if she “wish[es] to pursue in court [her] interest in [the property].” (J.A. 162.) Richardson concluded her grievance by alleging that this was the very first time she obtained notice of either the May 16, 2003 letter or the July 14, 2003 Divorce Decree.

On the same day she filed her grievance — December 23, 2003 — Welcome sent another letter to Richardson. In that letter, which Richardson received on December 30, 2003, Welcome wrote that she “ha[d] no choice but to seek the Court’s permission to withdraw from [her] case,” provided an itemized list of services rendered and expenses incurred, and refunded the remainder of the retainer, which amounted to $701.84. That itemized list reflected that Welcome spent 0.10 hours reviewing a motion for summary judgment on May 25, 2003, but did not draft a response or perform any other work on Richardson’s behalf after that date. (J.A. 183.) On December 30, 2003, Welcome and Richardson executed a stipulation for substitution of counsel, which was apparently filed with the Superior Court shortly thereafter.

After receiving Richardson’s grievance, the EGC docketed the matter and informed Welcome that it had been filed. In a January 9, 2004 letter, Welcome notified the EGC’s Chair that she had not seen a copy of the grievance, but provided copies of the December 1, 2003 and December 23, 2003 letters, the December 30, 2003 stipulation, and the itemized list of services rendered. For reasons not clear from the record, the matter remained dormant until July 26, 2011, when Disciplinary Counsel — who, effective July 1, 2011, assumed all ministerial, investigative, and prosecutorial duties with respect to all new and pending grievances2 • — ■ sent Welcome a letter noting that she had previously indicated that she had not received a copy of the grievance, and requested that she file a written response within 30 days. (J.A. 186.) Disciplinary Counsel also [243]*243provided Welcome with a copy of the grievance as well as her prior January 9, 2004 letter to the Chair. On July 27, 2011, Welcome sent Disciplinary Counsel an email stating that “neither this client nor the grievance comes to mind,” but promising that she “will review [her] client listing and [her] ethics case files” and “be in touch next week.” (J.A. 187.) When both Welcome’s self-imposed deadline and Disciplinary Counsel’s initial 30 day deadline both lapsed, Disciplinary Counsel replied to Welcome’s email on August 30, 2011, which reminded her that a response was outstanding and asked her if she needed additional time to respond. (J.A. 188.) On September 27,2011, Disciplinary Counsel called Welcome and urged her to file a response even though the time for doing so had already expired. Finally, on October 3, 2011, the Chair of the EGC again formally transmitted the grievance to Welcome and advised her of the need to respond within 30 days. (J.A. 198-99.) Nevertheless, Welcome still failed to respond to the grievance.

On February 15, 2012, the EGC issued a Notice of Hearing, which advised Welcome that, “due to the gravity of the allegations,” it would conduct a hearing to determine if Welcome violated Rules 1.1, 1.3, 1.4(a)(1), 1.4(a)(3), 1.4(a)(4), and 8.1(b) of the American Bar Association’s Model Rules of Professional Conduct.3 (J.A.

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Bluebook (online)
58 V.I. 236, 2013 V.I. Supreme LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-suspension-of-welcome-virginislands-2013.