VIRGINIA:

IN THE MATTER OF

HENRY OTIS BROWN

VSB Docket No. 01-031-2272

On September 10, 2002, a meeting in this matter was held before a duly convened Third District Subcommittee consisting of H. Martin Robertson, Esquire, Melvin E. Rosen, Jr., Lay Member and Marcus D. Minton, Esquire, presiding.

Pursuant to Part 6, §IV, ¶13(B)(5)(c)(ii)(d) of the Rules of the Supreme Court, the Third District Subcommittee of the Virginia State Bar hereby serves upon the Respondent the following Public Reprimand:

1. The respondent, Henry Otis Brown, was admitted to the practice of law in the Commonwealth of Virginia on May 2, 1980.

• At all times relevant to this proceeding, Mr. Brown was an attorney in good standing to practice law in the Commonwealth of Virginia.

• On January 26, 1999, Alonzo Fitzgerald was convicted of malicious wounding and threatening bodily harm in the Circuit Court of the City of Petersburg.

• Mr. Fitzgerald was sentenced to serve eight years with seven years suspended.



• Mr. Brown served as Mr. Fitzgerald's court appointed counsel at trial and on appeal.



• The Court of Appeals denied the appeal that Mr. Brown filed on Mr. Fitzgerald's behalf by order entered on May 17, 2000.



• A three judge panel of the Court of Appeals reviewed the decision and denied the appeal on September 27, 2000, "for the reasons previously stated in the order entered by this Court on May 17, 2000."



• Mr. Brown did not advise Mr. Fitzgerald that the three judge panel of the Court of Appeals had dismissed his appeal.
  

• Without informing Mr. Fitzgerald, Mr. Brown noted an appeal to the Supreme Court of Virginia on October 13, 2000, but failed to perfect the appeal.



• The Supreme Court of Virginia dismissed the appeal on December 20, 2000.



• Mr. Brown did not advise Mr. Fitzgerald that the Supreme Court of Virginia had dismissed his appeal.



• Mr. Fitzgerald wrote Mr. Brown on October 13, 2000, November 15, 2000 and December 18, 2000, inquiring about the status of the three judge panel review and advising Mr. Brown where he was currently incarcerated.



• After Mr. Brown failed to respond to these letters, Mr. Fitzgerald submitted a bar complaint against him on December 4, 2000.



• Intake Counsel contacted Mr. Brown by letter dated January 16, 2001, and requested Mr. Brown to advise Mr. Fitzgerald of the status of the appeal.



• Mr. Brown wrote Mr. Fitzgerald at Mecklenburg Correctional Center on January 26, 2001, and enclosed a copy of the Court of Appeals' orders; Mr. Brown did not enclose a copy of the Supreme Court of Virginia's order dismissing Mr. Fitzgerald's appeal.



• Mecklenburg Correctional Center returned Mr. Brown's January 26^th letter and enclosures to Mr. Brown because the packet exceeded the approved weight for first class mail to inmates.



• Mr. Brown resent the letter and enclosures to Mr. Fitzgerald at Mecklenburg Correctional Center on April 27, 2001, but Mecklenburg Correctional Center returned the packet because Mr. Fitzgerald was no longer housed there and the forwarding time for his mail had expired.



• Mr. Brown did not attempt to determine where Mr. Fitzgerald had been transferred so that he could resend the packet.

Bar Counsel and the Respondent agree that the stipulated findings of fact give rise to findings of the following Disciplinary Rule Violation(s):

RULE 1.3 Diligence

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

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.

* * *

(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.

Accordingly, it is the decision of the Subcommittee to impose a Public Reprimand and the Respondent is hereby so reprimanded. The Clerk of the Disciplinary System shall assess costs.

THIRD DISTRICT SUBCOMMITTEE

OF THE VIRGINIA STATE BAR

By_________________________________

Marcus D. Minton

Subcommittee Chair

I certify that I have this ______ day of ___________________, 2002, mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true and correct copy of the Subcommittee Determination (Public Reprimand) to the Respondent, Henry Otis Brown, Esquire, 116 South Sycamore Street, Petersburg, Virginia 23803, his last address of record with the Virginia State Bar.

By__________________________________