BEFORE THE FIFTH DISTRICT-SECTION II SUBCOMMITTEE OF TIIE Vffi.GINIA ST ATE BAR SUBCOMMITTEE DETERMINATION (PUBLIC REPRIMAND WITHOUT TERMS)

Transcription

1 VIRGINIA: RECEIVED Nov 1, 2017 VIRGINIA STATE BAR CLERK'S OFFICE BEFORE THE FIFTH DISTRICT-SECTION II SUBCOMMITTEE OF TIIE Vffi.GINIA ST ATE BAR IN THE MATTER OF Abu Bakarr Kalokoh VSB Docket No SUBCOMMITTEE DETERMINATION (PUBLIC REPRIMAND WITHOUT TERMS) On July 20, 2017 a meeting was held in this matter before a duly convened Fifth District- Section II Subcommittee consisting of Catherine Mary Reese, Member, Stephen J. McArdle, Jr., Lay Member, and Grant James Nelson, Chair Presiding. During the meeting, the Subcommittee voted to approve an agreed disposition for a Public Reprimand without Terms pursuant to Part 6, IV, if B.4. of the Rules of the Supreme Court of Virginia. The agreed disposition was entered into by the Virginia State Bar, by Elizabeth K. Shoenfeld, Assistant Bar Counsel, and Abu Bakarr Kalokoh, Respondent, prose. WHEREFORE, the Fifth District-Section II Subcommittee of the Virginia State Bar hereby serves upon Respondent the following Public Reprimand without Terms: FINDINGS OF FACT 1. At all times relevant hereto, Abu Bakarr Kalokoh ("Respondent") has been an attorney licensed to practice law in foe Com monwealth of Virginia. 2. Respondent represented Daniel Kaloko and Salmatu Bangura with regard to a motor vehicle accident in which they were involved. Because the accident was work-related, their employer's worker's compensation carrier, KeyRisk, paid some of the medical bills. KeyRisk asserted a lien for $3, for Mr. Kaloko and $2, for Mr. Bangura. 3. On October 30, 2014, Respondent sent a letter to Travelers Insurance Company. ("Travelers"), the auto insurance company for the other driver involved in the accident. Respondent's return address was listed as 4810 Beauregard Street, Suite 310, Alexandria, Virginia In the letter, Respondent said that he represented both Mr. Kaloko and Mr. Bangura. 1

2 4. On September 17, 2015, Complainant Jamie Graham called Respondent regarding KeyRisk's lien as to Mr. Bangura. Respondent told Ms. Graham that he was not sure whether he represented Mr. Bangura, but he would get back to her when he returned to his office. Respondent never called Ms. Graham back. 5. Ms. Graham subsequently called Travelers and obtained a copy of the letter of representation Respondent had sent nearly a year earlier. Ms. Graham then wrote a letter dated September 17, 2015 to Respondent at his Beauregard Street address and asserted KeyRisk's lien as to Mr. Bangura in the amount of $2, pursuant to Va. Code On November 11, 2015, Ms. Graham sent Respondent a letter asserting KeyRisk's lien as to Mr. Kaloko in the amount of $3, pursuant to Va. Code The letter was also mailed to Respondent's correct mailing address. Ms. Graham requested written acknowledgement of the correspondence and never received it. 7. Respondent acknowledged that when Ms. Graham mailed her letters between September and November of 2015, the Beauregard Street address that Ms. Graham used was his correct mailing address. 8. On March 11, 2016, Ms. Graham sent follow-up lien letters to Respondent via fax at Respondent acknowledged that this was his correct fax number at the time. Ms. Graham again requested written acknowledgement of the letters and did not receive it. 9. On April 11, 2016, Travelers issued settlement checks for $6, for Mr. Bangura and $7, for Mr. Kaloko. The settlement checks were mailed to the same Beauregard Street address that Ms. Graham had previously used. Respondent received the checks and deposited them into his operating account. 10. On April 22, 2016, Respondent wrote a check to Mr. Kaloko for $5,000. Mr. Kaloko's portion of the settlement was reduced by both Respondent's fee and by $1,000 that Respondent had previously loaned Mr. Kaloko while the case was pending. Respondent disbursed the entire amount of the settlement without paying anything to KeyRisk. 11. On May 27, 2016, Respondent.wrote a check for $5,000 to Mr. Bangura. Respondent deducted $1, in attorney's fees from Mr. Bangura's portion of the settlement. Respondent disbursed the entire amount of the settlement without paying anything to KeyRisk. 12. On June 16, 2016, Ms. Graham called Travelers Insurance and learned that the Kaloko and Bangura claims had settled in April. She again asserted KeyRisk's lien and reminded Respondent that KeyRisk had the right to recover its money when the case was settled. 13. On July 11, 2016, Ms. Graham called Respondent and left a "very stern" voic message regarding the two liens. She said that she was aware of the settlement and needed to know why Key Risk had not been reimbursed. She said she would file a Bar complaint if she did not receive a response. Respondent never returned her call. 2

3 14. On September 9, 2016, after Ms. Graham had filed a Bar complaint, Respondent called Ms. Graham and offered to resolve the matter on a payment schedule. During this call, Respondent told Ms. Graham that he had simply signed the checks over to his clients when he received them. He suggested that Ms. Graham contact his clients directly, and Ms. Graham refused. 15. Later that same day, Respondent sent Ms. Graham a Promissory Note and payment plan by which Respondent would personally satisfy the liens. In the Promissory Note, Respondent said that he shall "institute necessary legal action to recover all monies paid under this Promissory Note from his clients." 16. Respondent has since fully paid off the liens asserted by Key Risk. 17. When he responded to the Bar complaint, Respondent claimed.that he did not receive any of Ms. Graham's letters and was ignorant as to the existence ofkeyrisk's liens. He acknowledged that he received his mail at the Beauregard Street address that Ms. Graham used, but claimed that his mail often gets misplaced. He said that his correct fax number is the number Ms. Graham used, but said that he is unable to receive his faxes when he travels overseas, which he does frequently. NATURE OF MISCONDUCT Such conduct by Respondent constitutes misconduct in violation of the following provisions of the Rules of Professional Conduct: RULE l.3 Diligence (a) A lawyer shall act with reasonable diligence and promptness in representing a client. RULE 1.8 Conflict of Interest: Prohibited Transactions (e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, provided the client remains ultimately liable for such costs and expenses; and (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client. RULE (a) Safekeeping Property Depositing Funds. 3

4 (1) All funds received or held by a lawyer or law firm on behalf of a client or a third party, or held by a lawyer as a fiduciary, other than reimbursement of advances for costs and expenses shall be deposited in one or more identifiable trust accounts; all other property held on behalf of a client should be placed in a safe deposit box or other place of safekeeping as soon as practicable. (b) Specific Duties. A lawyer shall : (5) not disburse funds or use property of a client or third party without their consent or convert funds or property of a client or third party, except as directed by a tribunal. PUBLIC REPRIMAND WITHOUT TERMS Accordingly, having approved the agreed disposition, it is the decision of the Subcommittee to impose a Public Reprimand without Terms and Abu Bakarr Kalokoh is hereby so reprimanded. Pursuant to Part 6, IV,~ 13-9.E of the Rules of the Supreme Court of Virginia, the Clerk of the Disciplinary System shall assess costs. FIFTII DISTRICT-SECTION II SUBCOMMITTEE OF THE VIRGINIA STATE BAR ~ -~ By:_~-< ~~~,,._!,.,._"'>,.,,/~/ ~!,/';'--'-~-~--~.<... 1 Grant Ne}son Subcommittee Chair I. ~ 4

5 CERTIFICATE OF MAILING I certify that on /Jo.I,\ 1 (.ol (, a true and complete copy of the Subcommittee Detennination (Public Reprimand without Terms) was sent by certified mail to Abu Bakarr Kalokoh, Respondent, at 3620 Bevan Drive, Fairfax, Virginia 22030, Respondent's last address of record with the Virginia State Bar. Assistant Bar Counsel 5