In re Vance

421 P.3d 53
CourtAlaska Supreme Court
DecidedApril 6, 2018
DocketSupreme Court No. S-16858
StatusPublished

This text of 421 P.3d 53 (In re Vance) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Vance, 421 P.3d 53 (Ala. 2018).

Opinion

Bar Counsel for the Alaska Bar Association and attorney Jeffrey H. Vance entered into a stipulation for discipline by consent that would result in a six-month suspension from the practice of law and payment of $1,000 in costs. The Bar Association's Disciplinary Board approved the stipulation and now recommends that we do so as well. The facts of Vance's misconduct are set forth in the stipulation, which is attached as an appendix.1 We take these facts as true,2 and we apply our independent judgment to the sanctions' appropriateness.3

Based on the stipulated facts we agree with the legal analysis-set out in the stipulation-that suspension for six months is the *54appropriate sanction for Vance's misconduct. Accordingly:

Jeffrey H. Vance is suspended from the practice of law for six months. In addition, Vance shall pay $1,000 to the Alaska Bar Association within 60 days from entry of this order for disciplinary costs and fees incurred in this case.

This order is effective 30 days after issuance pursuant to Alaska Bar Rule 28(c).

Entered by direction of the court.

Appendix

BEFORE THE ALASKA BAR ASSOCIATION

DISCIPLINARY BOARD

STIPULATION FOR DISCIPLINE BY CONSENT

JURISDICTION; AUTHORITY TO CONSENT TO DISCIPLINE

1. Jeffrey H. Vance is a member of the Alaska Bar Association, admitted to practice law by the Supreme Court, and subject to the Alaska Rules of Professional Conduct (ARPCs) and the Alaska Bar Rules, Part II (Rules of Disciplinary Enforcement).

2. The Disciplinary Board and the Supreme Court review this stipulation, and Vance is authorized to consent to discipline, under Alaska Bar Rule 22(h).

BACKGROUND FACTS

3. A driver (Client) was in a car accident in Alaska in October 2014. He hired Law Firm to represent him in a personal injury claim against the other driver, who was insured by Insurance Company.

4. In January 2015, Insurance Company offered to settle Client's claim for $16,372. While the offer was pending, Client died of causes unrelated to the car accident.

5. Vance came to work at Law Firm in 2016 and inherited Client's file. In May 2016 he asked the superior court to appoint Client's elderly mother as his personal representative so she could administer the car accident claim as part of her son's estate. The court issued the order on September 2, 2016, and a few days later the mother accepted Insurance Company's standing offer to settle.

6. On September 15, 2016, Insurance Company sent Vance a release of Client's claim for the mother to sign. He promptly mailed the release to her at her home in New Jersey, and in late September she signed it before a notary public and mailed it back to him.

7. The statute of limitations on Client's claim would expire on October 8, 2016 (a Saturday). By Friday, October 7, the release had not arrived at Vance's office. He contacted the claims officer handling the case for Insurance Company and explained that the release was still in transit from New Jersey. To avoid forcing Vance to file a lawsuit that day, and because the statute of limitations expired on a Saturday (when the court was closed), the claims officer agreed that Insurance Company would accept the release if they received it the following business day, Monday, October 10; they would not agree to extend the time further.

8. On Monday the release still had not arrived at Vance's office. He fabricated a substitute release by copying the mother's signature from another document, obtained a notary seal from the desk of a colleague who was on vacation, and used the seal to notarize the false release. He delivered the release to Insurance Company on the morning of October 10 and in return received the settlement check.

9. That afternoon Insurance Company's claims officer examined the release and noticed that the notarization stamp was for a notary public in Alaska not New Jersey, yet the mother's signature and the notary's signature appeared to be signed with the same ink. The claims officer phoned Vance and questioned the authenticity of the release. Vance admitted his role. The claims officer rejected the release and Insurance Company stopped payment on its settlement check.

10. Vance immediately informed the senior partner of his law firm about his conduct. Later that afternoon Vance filed a timely *55lawsuit to preserve Client's claim. Vance then resigned from the firm.

11. Law Firm continued to represent Client's estate. According to court records and Insurance Company's claims officer, the estate and the defendant settled the lawsuit before the defendant filed an answer to the complaint, on the same terms as the original offer. Insurance Company did not hire a defense lawyer or incur any legal fees or expenses from the lawsuit. According to the senior partner at Law Firm, the firm waived its contingent fee and Client's estate received the entire settlement.

12. The Alaska Attorney General's office investigated Vance's conduct and charged him with an attempt to commit a fraudulent or criminal insurance act ( AS 11.31.100(a) ; AS 21.36.360(p)(2) ), a Class A misdemeanor. Under an agreement with the state, the district court imposed a "suspended entry of judgment" with one year of probation. This means that if Vance successfully completes probation the court will not enter a judgment of guilt but will dismiss the charges. As conditions of probation, Vance must pay a $1,000 fine and perform 80 hours of community work service. As specified in Alaska Bar Rule 26, the clerk of court notified the Bar of Vance's suspended entry of judgment; the Bar forwarded the information to the Supreme Court to decide if Vance committed a serious crime warranting immediate interim suspension.

ALLEGATIONS OF MISCONDUCT

Criminal Conduct Adversely Reflecting On A Lawyer's Honesty, Trustworthiness, And Fitness ( ARPC 8.4(b) ).

13. Alaska Rule of Professional Conduct 8.4(b) states that it is professional misconduct for a lawyer to commit a criminal act that adversely reflects on the lawyer's honesty, trustworthiness, or fitness to practice law. A conviction is not required to impose discipline under the rule. Vance admits that he violated ARPC 8.4(b).

Dishonesty, Fraud, Deceit, Or Misrepresentation ( ARPC 8.4(c) ).

14. Alaska Rule of Professional Conduct 8.4(c) states that it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. Vance admits that he violated ARPC 8.4(c).

SANCTION ANALYSIS

15. The sanction for Vance's misconduct is first evaluated using the American Bar Association Standards for Imposing Lawyer Sanctions (1986, amended 1992), adopted in In re Buckalew , 731 P.2d 48 (Alaska 1986).

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Bluebook (online)
421 P.3d 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vance-alaska-2018.