IN THE MATTER OF
WILLIAM MADISON MCCLENNY, JR., ESQ.
VSB Docket No. 01-070-0403
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
Date: __________ _________________________________
Date: __________ _________________________________
VIRGINIA:
IN THE MATTER OF
WILLIAM MADISON MCCLENNY, JR., ESQ.
VSB Docket No. 01-070-0403
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:
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.
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.
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.