VIRGINIA:



BEFORE THE SEVENTH DISTRICT SUBCOMMITTEE

OF THE VIRGINIA STATE BAR



IN THE MATTER OF

WILLIAM MADISON MCCLENNY, JR., ESQ.

VSB Docket No. 02-070-1765



AGREED DISPOSITION


Pursuant to Part Six, §IV, ¶13(G)(1)(c) of the Rules of Virginia Supreme Court, the Virginia State Bar, by Assistant Bar Counsel Claude V. Worrell, II, and the Respondent, William Madison McClenny, Jr., Esq., hereby enter into an Agreed Disposition arising out of the above-referenced matter.

Both parties affirm that the proposed Subcommittee Determination of a Public Reprimand with Terms, a true copy of which is attached hereto and incorporated herein by reference, reflects the stipulated facts, violations, and disposition for the above-referenced matter.

Respondent understands that should the Subcommittee accept this agreed disposition by unanimous vote, the Subcommittee Determination will be signed by the Chair or Chair Designate and thereafter mailed without the necessity of any hearing or further notice to the parties. Further, it is understood and agreed by the parties hereto that should the Subcommittee refuse the agreed disposition neither party shall be bound by the stipulations or findings contained herein and this matter shall be forthwith scheduled for a hearing by the full Committee.


SEEN AND AGREED TO:
THE VIRGINIA STATE BAR


________________________

Claude V. Worrell, II
Assistant Bar Counsel


________________________

William Madison McClenny, Jr.
Respondent




SUBCOMMITTEE ACTION


Pursuant to Part Six, §IV, ¶13(G)(1)(c) of the Rules of Virginia Supreme Court, the duly convened subcommittee of the Seventh District Committee of the Virginia State Bar hereby accepts the Agreed Disposition in this matter.

Date: __________ _________________________________


Date: __________ _________________________________


Date: __________ _________________________________



VIRGINIA:

BEFORE THE SEVENTH DISTRICT SUBCOMMITTEE
OF THE VIRGINIA STATE BAR



IN THE MATTER OF

WILLIAM MADISON MCCLENNY, JR., ESQ.

VSB Docket No. 02-070-1765





SUBCOMMITTEE DETERMINATION
PUBLIC REPRIMAND WITH TERMS


On the 28th day of April, 2003, a meeting in this matter was held before a duly convened a subcommittee of the Seventh District Committee consisting of Joseph W. Richmond, Jr., Esq., Ann C. Hall, and Peter C. Burnett, Esq., presiding.

Pursuant to Part 6, §IV, ¶13(G)(1)(c) of the Rules of Virginia Supreme Court, a subcommittee of the Seventh District Committee of the Virginia State Bar hereby serves upon the Respondent the following Public Reprimand with Terms:

I. FINDINGS OF FACT


1. At all times relevant hereto the Respondent, William Madison McClenny, Jr. (hereinafter the Respondent), has been an attorney licensed to practice law in the Commonwealth of Virginia.

2. Jerry Adams (hereinafter the Complainant) hired the Respondent to represent him on two speeding tickets and two expired inspection citations in Henrico County General District Court. The Respondent advised the Complainant that he did no have to appear and that the matters were continued to a different date. In fact, that matters were not continued to a different date and the Complainant was found guilty in his absence and fined. When the Complainant tried to contact the Respondent to find out what happened and how things could be rectified, the Respondent refused to speak with the Complainant.

3. The Respondent contends that he asked his secretary to phone the Court to have the matters continued but she failed to make the call. He asserts that he advised the Complainant that the matters were continued because he thought his secretary called the Court to continue the cases. The Respondent's secretary, Lonnie Thompson, contradicts the Respondent and states that she refused to have anything to do with Mr. Adams because she was not fond of him. She advised the Bar's investigator that she provided Mr. Adams with some copies but in no way assisted in continuing of scheduling his pending cases.

4. The Henrico County General District Court Clerk's office has informed the Bar that the Complainant appeared pro se in Henrico County General District Court after he filed motions to rehear his cases. He was found guilty of lesser offenses and one expired inspection sticker offense was dismissed.

II. NATURE OF MISCONDUCT

The Subcommittee finds that the following Disciplinary Rules have been violated:

RULE 1.1 Competence

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.


RULE 1.3 Diligence

(a) A lawyer shall act with reasonable diligence and promptness in representing a client.

(b) A lawyer shall not intentionally fail to carry out a contract of employment entered into with a client for professional services, but may withdraw as permitted under Rule 1.16.

(c) A lawyer shall not intentionally prejudice or damage a client during the course of the professional relationship, except as required or permitted under Rule 1.6 and Rule 3.3.


RULE 1.4 Communication

(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

(c) A lawyer shall inform the client of facts pertinent to the matter and of communications from another party that may significantly affect settlement or resolution of the matter.


RULE 5.3 Responsibilities Regarding Nonlawyer Assistants

With respect to a nonlawyer employed or retained by or associated with a lawyer:

(a) a partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer;

(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and

(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if:

(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or

(2) the lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows or should have known of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.



RULE 8.4 Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal or deliberately wrongful act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer;

(c) engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) state or imply an ability to influence improperly or upon irrelevant grounds any tribunal, legislative body, or public official; or

(e) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.


III. PUBLIC REPRIMAND WITH TERMS

Accordingly, it is the decision of the Subcommittee to offer the Respondent an opportunity to comply with certain terms and conditions, compliance with which by October 1, 2003, shall be a predicate for the disposition of this complaint by imposition of a Public Reprimand with Terms. The terms and conditions which shall be met by October 1, 2003 are:

1. The Respondent shall institute and maintain a docket control system which shall ensure that s/he reviews the status of all pending matters periodically, and remind him in advance of key deadlines and other obligations. The Respondent shall institute and maintain a written office policy relating to regular and informative client communication. This policy shall include provisions for providing the client with written copies of all documentation relating to the representation, engaging in regular meetings either in person or by telephone to discuss the progress of the case and to answer client inquiries. Both the docket control system and the communication policy shall be implemented immediately. The Respondent shall provide the assistant bar counsel handling this matter with a detailed written description of both the docket control system and communication policy, and shall certify in writing under oath that s/he is using such systems in his office.

2. The Respondent shall complete eight (8) hours of continuing legal education credits by attending courses approved by the Virginia State Bar in the areas ethics. His Continuing Legal Education attendance obligation set forth in this paragraph shall not be applied toward his Mandatory Continuing Legal Education requirement in Virginia or any other jurisdictions in which he may be licensed to practice law. He shall certify his compliance with the terms set forth in this paragraph by delivering a fully and properly executed Virginia MCLE Board Certification of Attendance Forms (Form 2) to Claude V. Worrell, II, Assistant Bar Counsel, at 100 North Pitt Street, Suite 310, Alexandria, VA 22314, promptly following his attendance of such CLE program(s).

Upon satisfactory proof that the above noted terms and conditions have been met, a Public Reprimand with Terms shall then be imposed. If, however, the terms and conditions have not been met by October 1, 2003, this matter shall be referred the Disciplinary Board for further action.

SEVENTH DISTRICT SUBCOMMITTEE

OF THE VIRGINIA STATE BAR



By __________________________________

Peter C. Burnett








CERTIFICATE OF SERVICE



I certify that I have this _____ day of _______________________, 2003, mailed a true and correct copy of the Subcommittee Determination (Public Reprimand with Terms) by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the Respondent, William Madison McClenny, Jr., Esq., at P.O. Box 1660, Louisa, VA 23093-1660, his last address of record with the Virginia State Bar.



_______________________________________

Claude V. Worrell, II