Mississippi Bar v. Alexander

697 So. 2d 1164, 1997 Miss. LEXIS 302, 1997 WL 413678
CourtMississippi Supreme Court
DecidedJuly 24, 1997
Docket95-BA-01040-SCT
StatusPublished
Cited by4 cases

This text of 697 So. 2d 1164 (Mississippi Bar v. Alexander) 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.

Bluebook
Mississippi Bar v. Alexander, 697 So. 2d 1164, 1997 Miss. LEXIS 302, 1997 WL 413678 (Mich. 1997).

Opinion

697 So.2d 1164 (1997)

The MISSISSIPPI BAR
v.
Firnist J. ALEXANDER, Jr.

No. 95-BA-01040-SCT.

Supreme Court of Mississippi.

July 24, 1997.

*1165 Michael B. Martz, Jackson, for Appellant.

Everett T. Sanders, Natchez, for Appellee.

En Banc.

MILLS, Justice, for the Court:

¶ 1. On October 28, 1994, the Mississippi Bar filed a Formal Complaint against Firnist J. Alexander, Jr. charging him with violating various provisions of the Mississippi Rules of Professional Conduct. By judgment dated September 11, 1995, the Complaint Tribunal found that Mr. Alexander had engaged in unprofessional and unethical conduct and ordered that he be issued a Public Reprimand. Dissatisfied with the judgment, the Bar appeals to this Court, assigning the following issue.

WHETHER THE SANCTION IMPOSED UPON MR. ALEXANDER, A PUBLIC REPRIMAND, WAS SUFFICIENT UNDER THE CIRCUMSTANCES OF THE CASE, INCLUDING MR. ALEXANDER'S EXTENSIVE RECORD OF PRIOR DISCIPLINE.

FACTS

¶ 2. In April of 1991, Caroline Grice and her husband, Willie Chase Grice, of Baldwin, Mississippi, wanted to trade in their 1986 Dodge Colt for another vehicle. For this purpose, they went to U-Save Auto Rental d/b/a Edward McKinney Used Cars, Inc. in Corinth, Mississippi. After looking at the cars on Mr. McKinney's lot, they found a 1982 Chevrolet Cavalier they liked. A deal was struck whereby the Grices would trade in their Dodge Colt and receive a $250 credit for it on the purchase of the Chevy Cavalier. In addition to trading in the Dodge Colt, the Grices paid $500 as a down payment on the Chevy Cavalier.

¶ 3. At the time the "sale" took place, it was raining and Mrs. Grice was pregnant. Consequently, Mr. Grice did all of the negotiating with the car dealership's representative *1166 while Mrs. Grice waited in another vehicle. Mr. Grice signed what he thought were "purchase papers," but they were actually "lease documents." As the Grices were leaving the used car lot (in a truck they had used to transport the Dodge Colt to the dealership), Mrs. Grice read the "papers" and learned that instead of buying the Chevy Cavalier, they were leasing it, which was not what they meant to do.

¶ 4. The following day, the Grices attempted to recover their Dodge Colt from McKinney's car dealership. They returned to the used car lot where they confronted Mr. McKinney and told him that Mrs. Grice had not signed the "papers." However, Mr. McKinney informed the Grices that the Dodge Colt had already been sold and their transaction was final.

¶ 5. Subsequently, in either June or July of 1991, the Grices contacted Firnist J. Alexander, Jr., a Jackson, Mississippi attorney. The Grices sought advice on whether Mr. Alexander could help them recover their Dodge Colt and the $500 down payment paid to McKinney's car dealership. In November of 1991, the Grices paid Mr. Alexander a $500 retainer fee which was evidenced by a copy of a money order dated November 12, 1991. With the $500 payment, the Grices retained Mr. Alexander to render legal services on their behalf to try to recover their 1986 Dodge Colt, the $500 down payment paid to McKinney's car dealership, and any other sums that could be recovered as a result of any cause of action that Mr. Alexander could recommend to them against Mr. McKinney and/or his car dealership.

¶ 6. Mr. and Mrs. Grice later made numerous attempts to get status reports on this matter from Mr. Alexander. On each occasion he responded by advising them that he was "working on their case" or words to that effect. However, Mr. Alexander did not provide the Grices with any written status reports or copies of any documents or pleadings he was supposed to be filing on their behalf. At the hearing before the Complaint Tribunal, Mr. Alexander testified that he wrote Mr. McKinney a letter in late 1991 and that Mr. McKinney wrote him back, but when asked to produce a copy of said letters, Mr. Alexander did not produce them. Mr. Alexander also testified that he had a file on the Grices' case, but that he neglected to bring it to the hearing.

¶ 7. The Grices had only two contacts with Mr. Alexander in 1991. Although they had regular contact with Mr. Alexander during 1992 and 1993, throughout those years and up to April 28, 1994, the Grices received no correspondence or communication from Mr. Alexander with regard to the status of their case.

¶ 8. In April of 1994, being frustrated with the lack of production and communication from Mr. Alexander, the Grices contacted another attorney, David O. Butts of Tupelo, Mississippi, to help them communicate with Mr. Alexander. Mr. Butts wrote a letter dated April 4, 1994 wherein he informed Mr. Alexander of the Grices' request and asked Mr. Alexander to send a copy of the Grices' file to his Tupelo office at Mr. Alexander's earliest convenience. Notwithstanding Mr. Butts' request made on behalf of Mr. and Mrs. Grice, Mr. Alexander did not comply with the request nor did he return to his clients property which they were entitled to receive. Mr. Alexander also failed to fulfill his contract of employment with the Grices.

¶ 9. Aggrieved by said conduct, Mrs. Grice filed an informal complaint against Mr. Alexander with the Mississippi Bar, which issued a demand letter pursuant to the Rules of Discipline for the Mississippi Bar requesting Mr. Alexander to file a response. Mr. Alexander did not comply with this request. After following the proper investigatory procedures, and at the direction of the Committee on Professional Responsibility, the Bar filed a Formal Complaint against Mr. Alexander charging him with unprofessional and unethical conduct evincing unfitness for the practice of law and warranting the imposition of discipline. After a hearing on the complaint, the Complaint Tribunal on September 11, 1995 made the following findings:

The Tribunal finds, by clear and convincing evidence, that Mr. Alexander's conduct violates certain Rules of Professional Conduct for the Bar approved by the Mississippi Supreme Court, said being:
*1167 A. Rule 1.3, which provides that a lawyer shall act with reasonable diligence and promptness in representing a client.
Mr. Alexander did not act with diligence and promptness nor did he complete the representation he obligated himself to complete on behalf of Mr. and Mrs. Grice. Furthermore, the Tribunal is concerned that the statute of limitations may have run on any cause of action the Grice's may have had against Mr. McKinney and/or his dealership.
B. Rule 1.4, MRPC, which provides that a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information and shall further explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Mr. Alexander did not keep his clients, Mr. and Mrs. Grice, informed of the status of their case nor did he explain the matter to the extent reasonably necessary to permit them to make informed decisions regarding the representation.
C. Rule 8.1(b), MRPC, which provides that a lawyer in connection with a disciplinary matter shall not fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter or knowingly fail to respond to a lawful demand for information from the disciplinary authority.
On May 19, 1994, the Bar's General Counsel issued a demand letter pursuant to the provisions of Rule 8.1(b), MRPC, to Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
697 So. 2d 1164, 1997 Miss. LEXIS 302, 1997 WL 413678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-bar-v-alexander-miss-1997.