VIRGINIA:


BEFORE THE SEVENTH DISTRICT SUBCOMMITTEE
OF THE VIRGINIA STATE BAR

IN THE MATTER OF
WILLIAM MADISON MCCLENNY, JR., ESQ.

VSB Docket No. 01-070-0403

AGREED DISPOSITION

Pursuant to Virginia Supreme Court Rules of Court Part Six: §IV, ¶13(B)(5) and Council Rule of Disciplinary Procedure IV(B), the Virginia State Bar, by Assistant Bar Counsel Claude V. Worrell, II, and the Respondent, William Madison McClenny, Jr., Esq., hereby enter into an Agreed Disposition arising out of the above-referenced matter.

 

Both parties affirm that the proposed Subcommittee Determination of a Public Reprimand with Terms, a true copy of which is attached hereto and incorporated herein by reference, reflects the stipulated facts, violations, and disposition for the above-referenced matter.

 

Respondent understands that should the Subcommittee accept this agreed disposition by unanimous vote, the Subcommittee Determination will be signed by the Chair or Chair Designate and thereafter mailed without the necessity of any hearing or further notice to the parties. Further, it is understood and agreed by the parties hereto that should the Subcommittee refuse the agreed disposition neither party shall be bound by the stipulations or findings contained herein and this matter shall be forthwith scheduled for a hearing by the full Committee.



SEEN AND AGREED TO:
THE VIRGINIA STATE BAR


________________________
Claude V. Worrell, II
Assistant Bar Counsel



________________________
William Madison McClenny, Jr.
Respondent



SUBCOMMITTEE ACTION

Pursuant to Virginia Supreme Court Rules of Part Six: §IV, ¶13(B)(5)(b)(4) and Council Rule of Disciplinary Procedure IV(B)(4), the duly convened subcommittee of the Seventh District of the Virginia State Bar hereby accepts the Agreed Disposition in this matter.

Date: __________ _________________________________

Date: __________ _________________________________

Date: __________ _________________________________
VIRGINIA:

BEFORE THE SEVENTH DISTRICT SUBCOMMITTEE
OF THE VIRGINIA STATE BAR

IN THE MATTER OF
WILLIAM MADISON MCCLENNY, JR., ESQ.

VSB Docket No. 01-070-0403


SUBCOMMITTEE DETERMINATION
PUBLIC REPRIMAND WITH TERMS
On the 5th day of December, 2001, a meeting in this matter was held before a duly convened Seventh District subcommittee consisting of Steven H. Gordon, Grant A. Richardson, Esquire, and Anne K. Crenshaw, Esquire, presiding.


Pursuant to Part 6, §IV, ¶ 13(B)(5) of the rules of the Supreme Court, the Seventh District Subcommittee of the Virginia State Bar hereby serves upon the Respondent the following Public Reprimand with Terms:


I. FINDINGS OF FACT
1. At all times relevant hereto the Respondent, William Madison McClenny, Jr., Esq. (hereinafter the Respondent), has been an attorney licensed to practice law in the Commonwealth of Virginia.


2. In November of 1999, the Circuit Court of the City of Lynchburg appointed the Respondent to represent Eric Lamont Coles on various criminal charges including attempted capital murder. On February 28, 2001, Mr. Coles was convicted and on April 21, 2000, he was sentenced to prison.

3. On May 19, 2000, the Respondent noted an appeal on Mr. Coles' behalf to the Court of Appeals of Virginia, and ordered the transcript of the Mr. Coles' trial. The Complainant, William G. Petty, Esq., Commonwealth's Attorney for the City of Lynchburg, received a copy of the trial transcript on June 16, 2000. The transcript was filed late. The Respondent indicated that the transcript was filed one day late.


4. On July 26, 2000, the Court of Appeals ordered the Respondent to show cause on August 10, 2000 why Mr. Coles' appeal should not be dismissed for failure to file the trial transcript as part of the record. The Respondent did not reply to the Court's order and the appeal was dismissed by order dated August 17, 2000. The Respondent admitted that he did not reply to the Court's order to show cause.


5. Respondent took no further steps to protect the interests of his client. The Respondent has admitted that he failed to file the trial transcript.


II. NATURE OF MISCONDUCT
The Subcommittee finds that the following Disciplinary Rules have been violated:
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.

(b) A lawyer shall not intentionally fail to carry out a contract of employment entered into with a client for professional services, but may withdraw as permitted under Rule 1.16.

(c) A lawyer shall not intentionally prejudice or damage a client during the course of the professional relationship, except as required or permitted under Rule 1.6 and Rule 3.3.


III. PUBLIC REPRIMAND WITH TERMS

Accordingly, it is the decision of the Subcommittee to offer the Respondent an opportunity to comply with certain terms and conditions, compliance with which by May 31, 2002, shall be a predicate for the disposition of this complaint by imposition of a Public Reprimand with Terms. The terms and conditions which shall be met by May 31, 2001 are:


1. The Respondent shall institute and maintain a docket control system which shall ensure that he reviews the status of all pending matters periodically, and remind him in advance of key deadlines and other obligations. The Respondent shall institute and maintain a written office policy relating to regular and informative client communication. This policy shall include provisions for providing the client with written copies of all documentation relating to the representation, engaging in regular meetings either in person or by telephone to discuss the progress of the case and to answer client inquiries. Both the docket control system and the communication policy shall be implemented immediately. The Respondent shall provide the assistant bar counsel handling this matter with a detailed written description of both the docket control system and communication policy, and shall certify in writing under oath that he is using such systems in his office.


2. The Respondent shall complete six (6) hours of continuing legal education in the areas of ethics in addition to the mandatory continuing legal education hours required to maintain his license to practice law in the Commonwealth of Virginia. Upon completion of such term, the Respondent shall so certify in writing to the Assistant Bar Counsel assigned to this case.


Upon satisfactory proof that the above noted terms and conditions have been met, a Public Reprimand with Terms shall then be imposed, and this matter shall be closed. If, however, the terms and conditions have not been met by May 31, 2001, the case will be certified to the Virginia State Bar Disciplinary Board.


SEVENTH DISTRICT SUBCOMMITTEE
OF THE VIRGINIA STATE BAR

By __________________________________
Chair/Chair Designate

CERTIFICATE OF SERVICE

I certify that I have this _____ day of ________________, 2001, mailed a true and correct copy of the Subcommittee Determination (PUBLIC REPRIMAND WITH TERMS) by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the Respondent, William Madison McClenny, Jr., Esq., at P.O. Box 1660, Louisa, VA 23093, his last address of record with the Virginia State Bar, and a copy thereof by first class mail, postage prepaid, to Claude V. Worrell, II, Esq., Assistant Bar Counsel, at 100 North Pitt Street, Suite 310, Alexandria, Virginia 22314- 3133.

_______________________________________
Chair/Chair Designate