STATEMENT OF FACTS

1. At all times relevant hereto the Respondent, Judith MacLachlan, Esquire (hereinafter the Respondent), has been an attorney licensed to practice law in the Commonwealth of Virginia.

2. In 1999, the Complainant, Mary A. Nolan, fell on an icy sidewalk at her apartment complex and was injured. She hired the Respondent to represent her in a personal injury claim. The Respondent filed a Motion for Judgment on November 16, 2000, Nolan v. Weinstein Management Co., Inc., Case No. CL00-8544, in the Circuit Court of Albemarle County.

3. On December 13, 2000, the defendant filed a request for production of documents to which the Respondent did not respond. On April 12, 2001, the defendant filed a Notice and Motion to Compel Discovery.

4. Sometime in early September of 2001, the Respondent moved out of her office space at 685-1 Berkmar Court in Charlottesville and closed her law practice. She failed to inform Ms. Nolan that she was closing her practice, thus abandoning Ms. Nolan's case. She also failed to inform counsel for the defendant in Ms. Nolan's case and the Circuit Court for Albemarle County. Ms. Herndon's final act in this case occurred in March 2002, when she took interrogatories to Ms. Nolan's apartment. Ms. Nolan did not see or hear from the Respondent after this meeting.

5. On January 30, 2002, the defendant filed a Notice and Motion for an Order requiring Ms. Nolan to submit to an medical examination by a physician chosen by the defendant. On March 8, 2002, after the Respondent had failed to respond to the proposed order which had been mailed to her at her old office address at 685-1 Brkmar Court, the Court entered the Order. On June 11, 2002, upon the Motion of the Defendant, the Court entered an Order dismissing with prejudice the Complainant's case and sanctioning her for her failure to submit to the ordered independent medical examination.

 

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