V I R G I N I A :



BEFORE THE FIFTH DISTRICT--SECTION III SUBCOMMITTEE

OF THE VIRGINIA STATE BAR





IN THE MATTER OF

WILLIAM AUGUST BOGE, ESQ.

VSB Docket No. 00-053-2105



AGREED DISPOSITION



Pursuant to Virginia Supreme Court Rules of Court Part Six: IV, 13(B)(5)(c)(ii)(d)(i) and Council Rule of Disciplinary Procedure IV(B)(4), the Virginia State Bar, by Assistant Bar Counsel Seth M. Guggenheim, and the Respondent, William August Boge, Esquire, 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, 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 therein and this matter shall be heard by the full Committee.











SEEN AND AGREED TO:



THE VIRGINIA STATE BAR







______________________ Date:________

Seth M. Guggenheim

Assistant Bar Counsel







______________________ Date:________

William August Boge, Esquire

Respondent







SUBCOMMITTEE ACTION



Pursuant to Virginia Supreme Court Rules of Part Six: IV, 13(B)(5)(c)(ii)(d)(i) and Council Rule of Disciplinary Procedure IV(B)(4), the duly convened Subcommittee of the Fifth District--Section III of the Virginia State Bar hereby accepts the Agreed Disposition in this matter.



Date: __________ _________________________________



Date: __________ _________________________________



Date: __________ _________________________________

V I R G I N I A :



BEFORE THE FIFTH DISTRICT--SECTION III SUBCOMMITTEE

OF THE VIRGINIA STATE BAR





IN THE MATTER OF

WILLIAM AUGUST BOGE, ESQ.

VSB Docket No. 00-053-2105





SUBCOMMITTEE DETERMINATION

PUBLIC REPRIMAND



On April 18, 2001, a meeting in this matter was held before a duly convened Fifth District--Section III Subcommittee consisting of H. Jan Roltsch-Anoll, Esquire, Dr. Theodore Smith, and John D. Primeau, Esquire, presiding.

Pursuant to Part 6, IV, 13(B)(5) of the Rules of the Supreme Court of Virginia, the Fifth District--Section III Subcommittee of the Virginia State Bar hereby serves upon the Respondent the following Public Reprimand as set forth below:

I. FINDINGS OF FACT



1. At all times relevant hereto, William August Boge, Esq., (hereafter "Respondent"), has been an attorney licensed to practice law in the Commonwealth of Virginia.

2. On or about March 16, 1999, Ms. Karen L. Nelson (hereafter "Complainant") engaged Respondent to file suit against a storage firm and auctioneer in connection with their handling and disposal of Complainant's personal property.

3. When Respondent did not take prompt action on Complainant's behalf, Complainant left voice mail messages and sent a letter to Respondent requesting return of her file.

4. Respondent did not respond to Complainant's messages, and on December 16, 1999, she filed a Complaint against Respondent with the Virginia State Bar.

5. On January 10, 2000, an Assistant Intake Counsel at the Virginia State Bar sent a letter to Respondent requesting that he respond to Complainant and that he notify the Bar within ten days following the date of the letter, in writing, of action he had taken.

6. When Respondent did not respond as requested to the Bar's January 10, 2000, letter, intake counsel again wrote to Respondent via letter dated February 7, 2000. Although Respondent thereafter contacted the Virginia State Bar by telephone, he did not otherwise respond to the Bar in the manner requested, nor did he return the Complainant's file in response to intake counsel's efforts.

7. The Bar thereafter opened an active investigation file, and on March 3, 2000, Bar Counsel wrote to Respondent, enclosing a copy of the Bar Complaint, and requesting a written answer within twenty-one (21) days following the date of the letter. Respondent did not answer Bar Counsel's letter.

8. A Virginia State Bar investigator retrieved Complainant's file from Respondent on April 18, 2000, made appropriate copies, and furnished Complainant with the file materials to which she was entitled, by mail, on April 19, 2000.

II. NATURE OF MISCONDUCT

The Subcommittee finds that the following Disciplinary Rules and Rules of Professional Conduct have been violated:

DR 2-108. Terminating Representation.



(D) Upon termination of representation, a lawyer shall take reasonable steps for the continued protection of a client's interests, including giving reasonable notice to the client, allowing time for employment of other counsel, delivering all papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by applicable law.



RULE 1.16 Declining Or Terminating Representation



(e) All original, client-furnished documents and any originals of legal instruments or official documents which are in the lawyer's possession (wills, corporate minutes, etc.) are the property of the client and shall be returned to the client upon request,

whether or not the client has paid the fees and costs owed the lawyer. If the lawyer wants to keep a copy of such original documents, the lawyer must incur the cost of duplication. Upon request, the client must also be provided copies of the following documents from the lawyer's file, whether or not the client has paid the fees and costs owed the lawyer: lawyer/client and lawyer/third-party communications; the lawyer's copies of client-furnished documents (unless the originals have been returned to the client pursuant to this paragraph); pleadings and discovery responses; working and final drafts of legal instruments, official documents, investigative reports, legal memoranda, and other attorney work product documents prepared for the client in the course of the representation; research materials; and bills previously submitted to the client. Although the lawyer may bill and seek to collect from the client the costs associated with making a copy of these materials, the lawyer may not use the client's refusal to pay for such materials as a basis to refuse the client's request. The lawyer, however, is not required under this Rule to provide the client copies of billing records and documents intended only for internal use, such as memoranda prepared by the lawyer discussing conflicts of interest, staffing considerations, or difficulties arising from the lawyer/client relationship.



RULE 8.1 Bar Admission And Disciplinary Matters



An applicant for admission to the bar, or a lawyer in connection with a bar admission application, in connection with any certification required to be filed as a condition of maintaining or renewing a license to practice law, in connection with a disciplinary matter, shall not:



(c) fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6; or



(d) obstruct a lawful investigation by an admissions or disciplinary authority.



III. PUBLIC REPRIMAND

Accordingly, it is the decision of the Subcommittee to impose a PUBLIC REPRIMAND on Respondent, William August Boge, Esquire, and he is so reprimanded.



FIFTH DISTRICT - SECTION III SUBCOMMITTEE

OF THE VIRGINIA STATE BAR





By __________________________________

Chair/Chair Designate



CERTIFICATE OF SERVICE



I certify that I have this ____ day of ___________________, 2001, mailed a true and correct copy of the Subcommittee Determination (PUBLIC REPRIMAND) by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the Respondent, William August Boge, Esquire, Suite 103, 9315 Center Street, Manassas, Virginia 20110, his last address of record with the Virginia State Bar, and a copy thereof by first class mail, postage prepaid, to Seth M. Guggenheim, Assistant Bar Counsel, at 100 North Pitt Street, Suite 310, Alexandria, Virginia 22314-3133.

_______________________________________

Chair/Chair Designate