Matter of Pace
This text of 699 So. 2d 593 (Matter of Pace) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In re the Matter of the Petition of J. Edmand PACE for Reinstatement to the Practice of Law.
Supreme Court of Mississippi.
*594 J. Edmand Pace, Picayune, pro se.
Delos H. Burks, Picayune, for Petitioner.
J. David Wynne, Michael B. Martz, Jackson, for Respondent.
En Banc.
PRATHER, Presiding Justice, for the Court:
¶ 1. J. Edmand Pace requests reinstatement to the practice of law following a six-month suspension for failing to timely pursue a client's appeal, failing to advise the client when the appeal was dismissed for being untimely filed, failing to ask for reconsideration of the dismissal of the appeal, and keeping the client's payment for the filing of the appeal.
¶ 2. The Mississippi Bar Association ("the Bar") contends that Pace did not make the required restitution to the former client, even though Pace had paid the former client more than the restitution amount in settlement of a threatened malpractice suit. The Bar also claims that Pace did not meet the conditions for reinstatement, because he failed to timely pay costs to the Bar and to timely file certain affidavits. This Court finds that Pace has met the requirements for reinstatement, and he is, therefore, reinstated to the practice of law.
*595 STATEMENT OF THE CASE
¶ 3. The Bar filed a formal complaint against Pace on June 9, 1995, for unprofessional conduct in the handling of an appeal on behalf of his client, Geraldine Vanderhoff. Pace admitted the allegations in the formal complaint, and the Complaint Tribunal ruled that Pace had violated the Rules of Professional Conduct. Pace was suspended from the practice of law for a six-month period, effective May 6, 1996, and ordered to pay costs in the amount of $492.82 before May 7, 1996. As conditions for reinstatement, Pace was ordered to make restitution to Vanderhoff in the amount of $1,750, and to file affidavits that he had notified clients and counsel opposite of his suspension. Pace did not appeal.
¶ 4. On February 10, 1997, Pace petitioned for reinstatement and alleged that he had a) paid Vanderhoff $5,000, or $3,250 more than that required by the Complaint Tribunal; b) paid the $492.82 in court costs; c) given notice to his clients and counsel opposite of his suspension; and d) refrained from the practice of law since his suspension. Pace also expressed "deep remorse" for the actions that resulted in his suspension.
¶ 5. On April 11, 1997, the Bar filed its response to Pace's petition for reinstatement. The Bar admitted that Pace paid Vanderhoff $5,000, but contended that the money was tendered to settle a threatened malpractice action and had nothing to do with the restitution ordered by the Complaint Tribunal. The Bar also alleged that Pace did not pay the court costs by May 7, 1996, as ordered by the Complaint Tribunal; rather, Pace paid the costs "just prior" to filing his petition for reinstatement. The Bar admitted that Pace complied with the Complaint Tribunal's order as it pertained to notice to clients and counsel opposite; however, the Bar contended that Pace failed to file affidavits to that effect as ordered by the Complaint Tribunal. The Bar also admitted that Pace had not practiced law during his suspension. The Bar agreed that Pace had expressed remorse over his actions.
¶ 6. Thereafter, on May 2, 1997, Pace filed his reply to the Bar's response and apologized for his failure to timely file the required affidavits. Pace stated that the failure was an oversight and was due to the fact that he obtained out-of-state employment after his suspension.
LEGAL ANALYSIS
¶ 7. The standard for reviewing questions of attorney reinstatement is wellsettled:
The Supreme Court of Mississippi (the Court) has exclusive and inherent jurisdiction of matters pertaining to attorney discipline, reinstatement, and appointment of receivers for suspended and disbarred attorneys. When reviewing disciplinary matters this Court reviews the evidence de novo, on a case-by-case basis, sitting as triers of fact.
* * * * * *
The guidelines for reinstatement to the Mississippi State Bar are set forth in Miss. Code Ann. § 73-3-337 and in Rule 12 of the Rules of Discipline for the Mississippi Bar. Rule 12 reads in pertinent part as follows ...
All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for suspension or disbarment, give the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct, the making of full amends and restitution, the reasons justifying reinstatement, and requisite moral character and legal learning to be reinstated to the privilege of practicing law... . The matters set out in this paragraph shall be jurisdictional.
In Re Underwood, 649 So.2d 825, 827 (Miss. 1995) (citations and internal quotation marks omitted).
¶ 8. The main question in this case is whether Pace has met the conditions for his reinstatement by paying restitution to his former client (Vanderhoff), by paying costs to the Bar, and by filing the requisite affidavits. Pace was ordered by the Complaint Tribunal to pay Vanderhoff $1,750 in restitution. The record reflects that, several *596 months after Pace's suspension, $5,000 was paid to Vanderhoff in settlement of threatened malpractice litigation against Pace and his firm. The release for which provided in pertinent part:
The undersigned [Vanderhoffs], for the sole consideration of five thousand dollars ($5,000.00) paid to them ... do hereby remise, release, and forever discharge Ed Pace ... of and from all and all manner of, actions and causes of actions, suits, debt ... of whatever nature especially the liability arising out of the rendering or failure to render legal services to [the Vanderhoffs] including any consequences thereof now existing or which may develop, whether or not such consequences are known or anticipated.
¶ 9. Clearly, with the payment of the $5,000 and the signing of the release, Vanderhoff and Pace settled the matter. Moreover, documentation from Vanderhoff's attorney indicates that Vanderhoff understood the $5,000 settlement included the $1,750 in restitution owed by Pace. Given these facts, this Court finds that Pace made the required restitution to his former client.
¶ 10. The next issue raised by the Bar is the fact that Pace failed to timely pay costs to the Bar and to file affidavits of notice to clients and counsel opposite. It is uncontroverted that the required payment was made and that the required affidavits were filed albeit tardily. It is also uncontroverted that Pace timely notified his clients and counsel opposite of his suspension; therefore, the notice was properly given, even if Pace failed to file affidavits of such notice before the Complaint Tribunal's deadline. This Court finds that Pace has sufficiently met the conditions for reinstatement.
¶ 11. If this Court were to strictly enforce the deadlines of the Complaint Tribunal's order, Pace would never be eligible for reinstatement, even though he did what the Complaint Tribunal ordered him to do. This Court does not encourage such tardy compliance; however, Pace received a six-month suspension and he has now been suspended for over one year. See Underwood,
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699 So. 2d 593, 1997 WL 562169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-pace-miss-1997.