VIRGINIA:

IN THE CIRCUIT COURT OF THE CITY OF MARTINSVILLE



VIRGINIA STATE BAR EX REL

NINTH DISTRICT SUBCOMMITTEE

Chancery No. CH02-28

ROBERT ALLEN WILLIAMS

ORDER OF DISMISSAL WITH TERMS

 

This day came the parties, by counsel and pursuant to Virginia Code Sec. 54.1-3935, Part 6, §IV, ¶13(C)(5)(a) of the Rules of the Supreme Court, and Rule IV C of the Virginia State Bar Disciplinary Board Rules of Procedure, and tendered to the Court this Order of Dismissal with Terms as the parties have reached a resolution of this matter based upon the following agreed-upon facts and findings.

I. FINDINGS OF FACT

1.At all times material to these allegations, the Respondent, Robert Allen Williams, hereinafter "Respondent", has been an attorney licensed to practice law in the Commonwealth of Virginia.

2. On April 27, 1993, Complainant Brooks L. Tatum retained the Respondent by Respondent's Contract of Employment, retaining him for a worker's compensation claim for injuries received in an accident on or about February 11, 1993.

3. The Contract of Employment called for attorney's fee in the event of a recovery of the greater of $500 or 25% of any recovery in the case.



II. NATURE OF MISCONDUCT


The parties agree that the above factual stipulation could give rise to a finding of a violation of the following Disciplinary Rule of Professional Conduct as the statement of fee is not full and complete, as it does not acknowledge that any such fee must first be approved by the Virginia Workers' Compensation Commission pursuant to Virginia Code ß 65.2-714 :

 

DR 2-105. Fees.

(A) A lawyer's fees shall be reasonable and adequately explained to the client.

III. DISMISSAL WITH TERMS


Accordingly, the Court hereby issues the following terms and conditions, compliance with which will be a predicate for dismissal of this complaint. The terms and conditions shall be met by October 31, 2002:

1. Respondent shall amend all Contracts of Employment, Retainer Agreements, or Fee Agreements he uses for representation of claimants in worker's compensation claims to include language satisfactory to Assistant Bar Counsel that all such legal fees "shall be subject to the approval and award of the Virginia Worker's Compensation Commission."

Respondent shall provide written proof of said amendment to Assistant Bar Counsel Paul D. Georgiadis who will advise the Court of compliance with said terms.

Upon satisfactory proof that such terms have been met, this matter shall be dismissed.

Let the Clerk of the Court send a copy teste of this order to Robert Allen Williams at his last address of record with the Virginia State Bar at Williams, Luck & Williams, Courthouse Square, 45

Jones Street, Martinsville, VA 24112, and to his counsel of record, Michael L. Rigsby, Esquire,

Midkiff, Muncie & Ross, P.C., 9030 Stony Point Parkway, Suite 160, Richmond, VA 23235.

 


Enter / /

_____________________________________

J. Samuel Johnston, Jr.
Chief Judge Designate

__________________________________

Barnard F. Jennings
Judge Designate

___________________________________

B.A. Davis, III
Judge Designate

 

We ask for this:

________________________________

Paul D. Georgiadis
Assistant Bar Counsel
Virginia State Bar

______________________________

Michael L. Rigsby
Respondent's Counsel