Virgin Islands Bar Ass'n ex rel. Ethics & Grievance Committee v. Boyd-Richards

41 V.I. 158, 1999 WL 970781, 1999 V.I. LEXIS 32
CourtSupreme Court of The Virgin Islands
DecidedOctober 14, 1999
DocketMisc. Nos. 88/1994, 21/1995, 22/1996, 73/1996
StatusPublished

This text of 41 V.I. 158 (Virgin Islands Bar Ass'n ex rel. Ethics & Grievance Committee v. Boyd-Richards) 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
Virgin Islands Bar Ass'n ex rel. Ethics & Grievance Committee v. Boyd-Richards, 41 V.I. 158, 1999 WL 970781, 1999 V.I. LEXIS 32 (virginislands 1999).

Opinion

HODGE, Presiding Judge

[159]*159MEMORANDUM OPINION

I. Introduction

These consolidated matters involve the serious question of disbarment of an attorney from the practice of law in the U. S. Virgin Islands. They came on for Hearing on December 18, 1997 ("the dispositional hearing"). The Petitioner, the Virgin Islands Bar Association, acting by and through its Ethics & Grievance Committee for the District of St. Thomas and St. John (the "Committee") was represented by its Chairman, Joseph Bruce Wm. Arellano, Esquire. The Respondent, Monica Boyd Richards (the "Respondent") did not appear, nor was she represented by counsel. The Court directed notice of the hearing to Respondent at her last known address pursuant to Rule 303(j) of the Territorial Court Rules, since Respondent could not be found for service within the jurisdiction.1

Four (4) cases came on to be heard at the dispositional hearing on December 18, 1997. These consisted of Misc. Nos. 88/94 and 21/95, filed in 1994 and 1995 respectively, and Misc. Nos. 22/96 and 73/96, both filed in 1996. By Order dated August 20,1996, this Court granted the Committee's unopposed motion to consolidate the four cases pursuant to Rule 42 of the Federal Rules of Civil Procedure on the basis that all four petitions concerned the same Respondent, and her fitness to continue the practice of law in this jurisdiction.

At the conclusion of the hearing, the Court entered its Findings of Fact and Conclusions of Law into the record, and ordered that the Respondent be disbarred. Due to the significance of such disbarment proceedings for the guidance of the bench and the Bar, the Court by this Memorandum reduces its decision to writing and sets forth the rationale for its decision.

[160]*160II. Petitions for Disciplinary Action

A. Misc. No. 88/1994

On or about December 8, 1988, Octancia Theodore filed a grievance with the Committee against the Respondent, alleging that Respondent, who had represented Ms. Theodore, failed to file a petition for writ of review from an adverse administrative determination, but instead filed an original action in the District Court. Further, Ms. Theodore alleged that Respondent failed to oppose the motion for summary judgment which had been filed by the Defendant in the District Court case.

An evidentiary hearing was held on January 22, 1992 before a Panel of the Committee. Respondent and other witnesses appeared and testified, and documents were admitted into evidence.

Upon consideration of the testimony and the evidence presented, the Committee concluded that the Respondent failed to appeal the administrative decision and file a writ of review; and that Respondent failed to oppose the motion for summary judgment filed against Ms. Theodore by the Defendant in the District Court case in violation of the following Rules of the Disciplinary Rules of the Model Code:2

DR 6-101(A)(l), (2) and (3), which require, inter alia, that a lawyer competently prepare and handle matters entrusted to him; and
DR 7-101(A)(1), which requires, inter alia, that a lawyer not intentionally fail to seek the lawful objectives of a client; and
DR 7-101(A)(3), which requires, inter alia, that a lawyer not prejudice or damage a client.

See the Committee's letter memorandum, containing its findings and conclusions, dated September 8,1992. Further the Court found that the violations of the Disciplinary Rules were sufficiently egregious to require that a petition for disciplinary action seeking suspension be filed with this Court.

[161]*161B. Misc. No. 22/96

On or about December 5, 1994, the Honorable Ive Arlington Swan, a judge of this Court, filed a grievance with the Committee against the Respondent, claiming that Respondent had been appointed to represent Kevin Connor in a criminal matter on September 12,1994 and despite the Order of appointment, Respondent required Kevin Connor's mother, Cathilda Connor, to execute a retainer agreement retaining her.

An evidentiary hearing was held on August 26, 1995 before a three-attorney panel of the Committee, at which Judge Swan, Respondent, and various witnesses appeared, testified and were cross-examined, and at which documents were admitted into evidence. Upon consideration of the testimony and the evidence presented, the Committee unanimously found and concluded that the Respondent knew that she had been appointed by this Court to represent Kevin Connor at the time that she required Mrs. Connor to execute the retainer agreement, and that she accepted the $2,300 from Mrs. Connor. The Panel concluded that Richards had violated the following Rules of the Model Rules:

Rule 4.1(a), which prohibits, inter alia, a false statement of material fact or law to a third person; and
Rule 6.2, which prohibits, inter alia, a lawyer from seeking to avoid a court appointment to represent a person, except for good cause; and
Rule 7.1(a), which prohibits, inter alia, a lawyer from making a false or misleading communication concerning his services; and
Rule 7.3(a), which prohibits, inter alia, in-person solicitation by a lawyer for the lawyer's pecuniary gain; and
Rule 8.4(c), which prohibits, inter alia, a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

See Committee's Findings of Fact and Violations, dated September 12, 1995, pp 4-6, attached as Exhibit "10" to the Committee's Petition for Disciplinary Action.

[162]*162Further, the Panel unanimously concluded that Respondent's failure to disclose to Mrs. Connor that she had been appointed by the Court; Respondent's failure to advise Mrs. Connor that her services were therefore free of charge; Respondent's attempt to convert an appointed case into a fee-generating case; and Respondent's solicitation of Mrs. Connor, were sufficiently egregious to require that a petition for disciplinary action be filed with this Court with a recommendation for disbarment pursuant to Rule 8.1(b) of the ABA Standards for Imposing Lawyer Sanctions. Id.

C. Misc. No. 73/1996

On or about November 14, 1994, Mr. Wendall Callwood, filed a grievance with the Committee against the Respondent, alleging that on August 8, 1994 he went to Respondent's' office to replace a check in the amount of Fifty Dollars ($50.00) which had been returned for insufficient funds. While at her office, Respondent had Mr. Callwood execute a retainer agreement, and Mr. Callwood gave her a post-dated check in the amount of Five Hundred Dollars ($500.00) to retain her services. Within a few days, Mr. Callwood changed his mind and telephoned Respondent, leaving messages for her asking her to return his Five Hundred Dollars ($500.00).

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Related

In re Moorhead
27 V.I. 74 (Supreme Court of The Virgin Islands, 1992)
Virgin Islands Bar Ass'n ex rel. Ethics & Grievance Committee v. Hilaire
35 V.I. 106 (Supreme Court of The Virgin Islands, 1997)

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41 V.I. 158, 1999 WL 970781, 1999 V.I. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virgin-islands-bar-assn-ex-rel-ethics-grievance-committee-v-virginislands-1999.