VIRGINIA:
BEFORE THE EIGHTH DISTRICT COMMITTEE
OF THE VIRGINIA STATE BAR
IN THE MATTER OF
MAC ANDRES CHAMBERS
VSB Docket No. 01-080-0087
DISTRICT COMMITTEE DETERMINATION
(PUBLIC REPRIMAND WITH TERMS)
On June 26, 2001, a hearing in this matter was held before a duly convened Eighth District
Committee panel consisting of H. David Natkin, Esquire, N. Douglas Noland, Jr., Esquire, Martin
Lightsey, Lay Member, Charles F. Kurtz, Lay Member, and P. Brent Brown, Esquire, Chair,
presiding.
The Respondent appeared in person with his counsel, William H. Lindsey, Esquire.
Edward L. Davis, Assistant Bar Counsel, appeared for the Virginia State Bar.
Pursuant to Part 6, § IV, ¶ 13(B)(7) of the Rules of the Supreme Court, the Eighth District
Committee of the Virginia State Bar hereby serves upon the Respondent the following Public
Reprimand with Terms:
I. FINDINGS OF FACT:
1. During all times relevant hereto, the Respondent, Mac
Andres Chambers, (hereinafter Respondent or Mr. Chambers) was an
attorney licensed to practice law in the Commonwealth of Virginia.
2. Complainant Pamela Reyes was injured in two different
automobile accidents occurring on July 20, 1995 and July 25, 1995,
respectively. After discharging her first attorney, she signed
contracts of representation with Mr. Chambers on February 5, 1996.
3. Thereafter, Mr. Chambers had his client execute releases
of medical information. His
file, however, does not reflect that he sent the authorizations to
anyone except for one,
Anesthesia Associates, on August 13, 1998. His file shows that he
mailed an assignment of benefits to
Carilion Roanoke Memorial Hospital on July 16, 1996 so that the
hospital would forestall collection actions against his client for
unpaid medical bills. His file also contains a
narrative summary of the client's treatment for pain, prepared by
Christopher Cantilena, M.D., to a Dr. Taylor of the Carilion
Roanoke Community Hospital Emergency Room, dated April 29, 1998.
4. During 1996 and 1997, Claims agents from the two
liability carriers for the respective accidents repeatedly wrote
to Mr. Chambers asking for medical bills and reports. The last
correspondence from Allstate is dated July 11, 1997, indicating
that he had not sent a demand package. The last from State Farm
is dated July 22, 1997, asking him to forestall serving the motion
for judgement so that they could negotiate a settlement, and
asking him to furnish medical information to both State Farm and
to Allstate.
5. On July 18, 1997, Mr. Chambers filed a motion for
judgement against Monica Calloway, the adverse party in the
accident of July 20, 1995. On July 25, 1997, he filed a motion
for judgement against Donald Ray Moore, the adverse party in the
accident of July 25, 1997. In each case, he also named the
respective liability insurance carriers for the defendant drivers
as defendants.
6. In July and August 1998, counsel for the respective
liability carriers filed motions to dismiss for failure to serve
the defendants within one year. Each also filed a demurrer on the
basis that Section 8.01-5 of the Code of Virginia does not permit
direct actions against liability insurance carriers.
7. Mr. Chambers filed a response to the motion from Calloway
and her insurer, State Farm. He also prepared amended motions
for judgement removing the insurance carriers as defendants, but
never filed them. At the hearing on August 20, 1998, he took a
voluntary nonsuit in the Calloway case. In October 1998, he did
the same in the Moore case.
8. After the nonsuits were granted, Mr. Chambers failed to
re-file either case, thereby forever depriving Ms. Reyes of her
right to pursue her cases in court after six months had passed.
Thereafter, he became unresponsive to his client's attempts to
contact him.
9. Having been unable to learn anything from Mr. Chambers
about the status of her cases, Ms. Reyes complained to the
Virginia State Bar in July 2000. The bar mailed a copy of the
complaint to Mr. Chambers on July 25, 2000, however, he did not
respond until December 8, 2000, after the case had been referred
to the Eighth District Committee. At that time, he submitted a
response, acknowledging his failure to re-file the suits within
the statutory limits, and explaining that his client never
provided him with any of her medical information, hindering the
representation.
10. Ms. Reyes, however, testified that she and her husband
brought bags of unpaid medical bills to Mr. Chambers when
requested. She testified further that she continues to be dunned
for the unpaid medical bills relating to the two accidents. Both
Mrs. Reyes and Mr. Chambers testified that liability was not an
issue in either case.
II. MISCONDUCT
The Committee finds that Mr. Chambers violated the following
Disciplinary Rules and Rules of Professional Conduct:
DISCIPLINARY RULES
DR 6-101. Competence and Promptness
(A) A lawyer shall undertake representation only in matters in
which:
(1) The lawyer can act with competence and demonstrate the
specific legal knowledge, skill, efficiency, and
thoroughness in preparation employed in acceptable
practice by lawyers undertaking similar matters, or
(2) The lawyer has associated with another lawyer who is
competent in those matters.
(B) A lawyer shall attend promptly to matters undertaken for a
client until completed or until the lawyer has properly and
completely withdrawn from representing the client.
(C) A lawyer shall keep a client reasonably informed about
matters in which the lawyer's services are being rendered.
(D) A lawyer shall inform his client of facts pertinent to the
matter and of communications from another party that may
significantly affect settlement or resolution of the matter.
RULES OF PROFESSIONAL CONDUCT
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.
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.
The bar withdrew the violation of Rule 8.1 of the Rules of Professional Conduct, and that
charge is dismissed accordingly.
(Following the announcement of the Committee's findings, Mr. Martin Lightsey
announced that he had to leave because of a prior commitment. He was released accordingly, and,
with the consent of the Respondent and his counsel, the Committee received evidence and
argument in aggravation and mitigation, and retired to deliberate on the issue of sanction without
Mr. Lightsey participating.)
III. PUBLIC REPRIMAND WITH TERMS
Upon consideration of the evidence, and the fact that the Respondent does not have a prior
disciplinary record, it is the decision of the Committee to offer the Respondent an opportunity to
comply with certain terms and conditions, compliance with which will be a predicate for the
disposition of a Public Reprimand with Terms of this Complaint. The terms and conditions shall
be met by the times set forth below.
1. Within six (6) weeks of today's hearing, or August 7, 2001, the Respondent
shall engage at his own expense a malpractice risk manager approved by the Virginia State
Bar to perform an audit of his office.
2. The Respondent will ensure that the risk manager furnishes a report of his or her
findings and recommendations to the Virginia State Bar within ninety (90) days of his
hiring of the risk manager, in no event later than November 5, 2001.
3. The Respondent will comply with all of the risk manager's recommendations.
4. The Respondent will ensure that the risk manager furnishes a follow-up report
to the Virginia State Bar within six (6) months thereafter, in no event later than May 5,
2002, indicating whether he has followed the risk manager's recommendations.
5. The Respondent will ensure that the risk manager sends a second follow-up
report within one (1) year thereafter, in no event later than May 5, 2003, indicating whether
he has followed the risk manager's recommendations.
6. The Respondent will continue counseling as recommended by Susan D. Pauley,
Program Director, LHL, and execute all appropriate releases to ensure that the bar can
monitor his progress in the counseling. The Respondent will continue with the counseling
for a period of eighteen (18) months unless released by the counselor sooner.
7. Within thirty (30) days of this hearing, or July 26, 2001, the Respondent will
contact a mentor approved by the Virginia State Bar Mentoring Program to assist the
Respondent with any personal injury or workers compensation cases that he may have.
8. By June 30, 2002, the Respondent will attend at least six (6) hours of
Continuing Legal Education on the subject of personal injury practice and/or workers
compensation for no annual CLE credit.
9. By June 30, 2003, the Respondent will attend an additional six (6) hours of
Continuing Legal Education on the subject of personal injury practice and/or workers
compensation for no annual CLE credit.
10. The Respondent will provide written certification of his attendance at the
courses to the Virginia State Bar within the time periods given.
Upon satisfactory proof that such terms and conditions have been met, this matter shall be
closed. If, however, the terms and conditions are not met by the dates specified above, this
Committee shall certify the matter for hearing before the Virginia State Bar Disciplinary Board.
Pursuant to Part Six, Section IV, (13)(K)(10), the Clerk of the Disciplinary System shall
assess costs.
EIGHTH DISTRICT COMMITTEE
OF THE VIRGINIA STATE BAR
By____________________________
P. Brent Brown, Chair
CERTIFICATE OF SERVICE
I certify that I have this __________day of ___________, _________ caused to be mailed
by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true and correct copy of
the District Committee Determination (Public Reprimand with Terms) to Mac Andres
Chambers, Esquire, at 618 Colorado Street, Salem, Virginia 24153, his last address of
record with the Virginia State Bar, and to his counsel, William H. Lindsey, Esquire, at 103
South College Avenue, Post Office Box 958, Salem, Virginia 24153, his last address of
record with the Virginia State Bar.
_________________________________
Edward L. Davis, Assistant Bar Counsel