IN THE MATTER OF
ISAAC SCOTT PICKUSVSB Docket No.: 01-031-1265
On June 17, 2002, a meeting in this matter was held before a duly convened Third District - Section One Subcommittee consisting of Marcus D. Minton, Esquire, Patricia B. Clary, Lay Member, and C. Gilbert Hudson, Esquire, presiding.
Pursuant to Part 6, IV, 13(B)(5)(c)(ii)(d) 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:
Assistant Bar Counsel Hodges and the Respondent agree that the above factual stipulations could give rise to a finding of a violation of the following Disciplinary Rule(s):
DR 2-105. Fees.
(A) A lawyer's fees shall be reasonable and adequately explained to the client.
DR 2-108. Terminating Representation.
(B) Except as stated in paragraph (C), a lawyer may withdraw from representing a client if:
(1) Withdrawal can be effected without material prejudice to the client; or
DR 6-101. Competence and Promptness.
(A) A lawyer shall undertake representation only in matters in which:
(1) The lawyer can act with competence and demonstrate the specific legal knowledge, skill, efficiency, and thoroughness in preparation employed in acceptable practice by lawyers undertaking similar matters, or
(2) The lawyer has associated with another lawyer who is competent in those matters.
(B) A lawyer shall attend promptly to matters undertaken for a client until completed or until the lawyer has properly and completely withdrawn from representing the client.
(C) A lawyer shall keep a client reasonably informed about matters in which the lawyer's services are being rendered.
(D) A lawyer shall inform his client of facts pertinent to the matter and of communications from another party that may significantly affect settlement or resolution of the matter.
DR 7-101. Representing a Client Zealously.
(A) A lawyer shall not intentionally:
(1) Fail to seek the lawful objectives of his client through reasonably available means permitted by law and the Disciplinary Rules, except as provided by DR 7-101(B). A lawyer does not violate this Disciplinary Rule, however, by acceding to reasonable requests of opposing counsel which do not prejudice the rights of his client, by being punctual in fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy and consideration all persons involved in the legal process.
(2) Fail to carry out a contract of employment entered into with a client for professional services, but he may withdraw as permitted under DR 2-108, DR 5-102, and DR 5-105.
(3) Prejudice or damage his client during the course of the professional relationship, except as required under DR 4-101(D)
DR 9-102. Preserving Identity of Funds and Property of a Client.
(A) All funds received or held by a lawyer or law firm on behalf of a client, estate or a ward, residing in this State or from a transaction arising in this State, other than reimbursement of advances for costs and expenses, shall be deposited in one or more identifiable trust accounts and, as to client funds, maintained at a financial institution in a state in which the lawyer maintains a law office, and no funds belonging to the lawyer or law firm shall be deposited therein except as follows:
(1) Funds reasonably sufficient to pay service or other charges or fees imposed by the financial institution may be deposited therein.
(2) Funds belonging in part to a client and in part presently or potentially to the lawyer or law firm must be deposited therein, and the portion belonging to the lawyer or law firm must be withdrawn promptly after they are due unless the right of the lawyer or law firm to receive it is disputed by the client, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved.
Accordingly, it is the decision of the Subcommittee to offer the Respondent an opportunity to comply with certain terms and conditions, compliance with which will be a predicate for the disposition of a Public Reprimand with Terms of this complaint. The terms and conditions shall be met by the specified deadline(s):
THIRD DISTRICT - SECTION ONE SUBCOMMITTEE
OF THE VIRGINIA STATE BAR
C. Gilbert Hudson
I certify that I have this ______ day of June 2002, mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true and correct copy of the Subcommittee Determination (Public Reprimand with Terms) to Isaac Scott Pickus, Hill, Tucker, Marsh & Jackson, Suite 402, 600 East Broad Street, Richmond, Virginia 23219, his last address of record with the Virginia State Bar.
Charlotte P. Hodges
Assistant Bar Counsel