VIRGINIA:

IN THE MATTER OF

ROGER CORY HINDE

VSB Docket #02-031-3753

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:

• 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 date.



• 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 agreement.

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.

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 ONE

SUBCOMMITTEE OF THE VIRGINIA

STATE BAR





By _________________________________________

W. Richard Hairfield

Committee Chair








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