BEFORE THE THIRD DISTRICT - SECTION
OF THE VIRGINIA STATE BAR
IN THE MATTER OF
ROGER CORY HINDE
VSB Docket #02-031-3753
DISTRICT COMMITTEE DETERMINATION
(PUBLIC REPRIMAND WITH TERMS)
On June 19, 2002, a Show Cause hearing
in this matter was held before a duly convened Third District, Section One District
Committee Panel consisting of Robert C. Clary, Jr. Esquire, Marcus D. Minton,
Esquire, Melvin E. Rosen, Lay Member, Suzanne T. Savery, Lay Member and W. Richard
Hairfield, Esquire, presiding.
Pursuant to Part 6, §IV, ¶13(B)(7)(c)
of the Rules of the Supreme Court, the Third District - Section One Subcommittee
of the Virginia State Bar hereby serves upon the Respondent the following Public
Reprimand with Terms:
I. FINDINGS OF FACT
- At all times relevant hereto,
the Respondent, Roger Cory Hinde (hereinafter Hinde or Respondent) has been
an attorney licensed to practice law in the Commonwealth of Virginia.
- On or about February 6, 2002,
Respondent reviewed and accepted an Agreed Disposition in a matter involving
a complaint by a former client, Tracy Crisp (Docket No: 00-031-3145).
- According to the Agreed Disposition
at paragraph three, Respondent agreed to provide the Virginia State Bar with
a written office policy outlining his procedures for accepting incoming clients,
for docketing and tracking filing deadlines in cases, and for handling incoming
client calls and returning those calls. A copy of this policy was to be provided
to Assistant Bar Counsel Charlotte P. Hodges on or before March 15, 2002.
- In addition, Hinde agreed in paragraph
four to return $2,880 to Joseph Crisp within
thirty days of the date of the agreement. A copy of the correspondence and
the check made payable to Joseph Crisp was to be sent to Assistant Bar Counsel
Charlotte P. Hodges. He understood and agreed that the $2,880
was derived from the original $2,000 he was given by Mr. Crisp in August 1996
with simple interest computed at .08% annually for five and a half years.
- On April 2, 2002, Assistant Bar
Counsel Hodges forwarded a letter to Respondent at his address of record with
the Virginia State Bar, advising him that he had failed to comply timely with
paragraphs three and four of the Agreed Disposition.
- Respondent contacted ABC Hodges
and advised that he intended to provide the information and check as agreed.
He was given permission to provide the information and check after the due
- On April 12, 2002, Respondent
hand delivered a check made payable to T. Crisp in the amount of $2,800 and
an office phone policy.
- On or about April 17, 2002, ABC
Hodges forwarded a second letter to Respondent advising she had received the
phone policy and the check. However, Respondent was advised that the check
was payable to the wrong individual and the amount was incorrect. In addition,
he was reminded that he failed to provide the remaining office policies outlined
in the agreement. Respondent was requested to return this information to the
Bar by April 22, 2002.
- Respondent did not respond to
ABC Hodges letter of April 17, 2002. Therefore, on May 15, 2002, ABC Hodges
wrote Respondent and advised him that a Show Cause would be issued if he did
not comply with terms three and four of the Agreed Disposition.
- On May 22, 2002, without further
response from Respondent, the Bar issued a Show Cause against Respondent for
his failure to comply with terms three and four of the Agreed Disposition.
- As of the date of the Show Cause
hearing, Respondent still had not complied with terms three and four of the
II. NATURE OF MISCONDUCT
The Third District - Section One
Subcommittee finds that the above facts show Respondent has failed to comply
with the terms of the Agreed Disposition in the above referenced matter.
III. PUBLIC REPRIMAND
Accordingly, it was the decision
of the District Committee to offer the Respondent an opportunity to comply with
certain terms and conditions, compliance with which would be a predicate for
the disposition of a Public Reprimand with Terms of this Show Cause. The Respondent
accepted the disposition and agreed to the terms on the record. The terms and
conditions shall be met by the specified time periods:
- You are to provide the Virginia
State Bar with a written office policy outlining your procedures for accepting
incoming clients, for docketing and tracking filing deadlines in cases. You
are to provide a copy of this policy to Assistant Bar Counsel Charlotte P.
Hodges on or before June 26, 2002.
- You are to provide a check to
Assistant Bar Counsel, Charlotte P. Hodges in the amount of $2,880
made payable to Joseph Crisp on or before June
26, 2002. You understand and agree that the $2,880 was derived
from the original $2,000 you were given by Mr. Crisp in August 1996 with
simple interest computed at.08% annually for five and a half years.
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 specified time period, this District
Committee shall impose the alternate sanction and certify this matter to the
Virginia State Bar Disciplinary Board.
THIRD DISTRICT - SECTION
SUBCOMMITTEE OF THE VIRGINIA
W. Richard Hairfield
CERTIFICATE OF SERVICE
I certify that I have this ______
day of June, 2002, mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true
and correct copy of the District Committee Determination (Public Reprimand
with Terms) to 9854 Lori Road, Suite 200, Chesterfield, Virginia 23832, his
last known address with the Virginia State Bar.
Charlotte P. Hodges
Assistant Bar Counsel