6 VIRGINIA: THIS ORDER WAS NOT RECEIVED INTO THIS OFFICE FOR PROCESSING UNTIL OCTOBER, Ž08. STAO0-Fô,A BEFORE THE CIRCUIT COURT OF THE CITY OF ~~ IN THE MATrER OF CASE NO. CL800043-00 FRANKLIN CLEMMER COYNER VSB DOCKET NOS. 7-080-0792 and 7-080-I 0496 AGREED DISPOSITION MEMORANDUM ORDER FOR A PUBLIC REPRIMAND WITH TERMS This matter came to be heard on Friday, September 2,208, before a Circuit Court Three-Judge panel, upon the joint request of the parties for the Court to accept the Agreed Disposition endorsed by the parties and offered to the Court as provided by the Rules ofthe Supreme Court ofvirginia. The panel consisted ofthe Honorable Clifford Lynwood Athey, Jr., Chief Judge ofthe Twenty-sixth Judicial Circuit, Designated Chief Judge, the Honorable Jeanette A. Irby, Judge ofthe Twentieth Judicial Circuit, and the Honorable Richard S. Wallerstein, Chief Judge of the Fourteenth Judicial Circuit. Franklin Clemmer Coyner was present and was represented by counsel, Michael L. Rigsby. The Virginia State Bar appeared through its Assistant Bar Counsel, Paulo E. Franco, Jr. The Chief Judge polled the members of the panel as to whether any of them were aware of any personal or financial interest or bias which would preclude any of them from fairly hearing the matter to which each judge responded in the negative. Court Reporter, Lisa Wright, Chandler and Halasz, P.O. Box 9349, Richmond, Virginia 23227, telephone (804) 730-222, after being duly sworn, reported the hearing and transcribed the proceedings. WHEREFORE, upon consideration of the Agreed Disposition, Certification, Respondent's answer and demand, Respondent's disciplinary record, the arguments of the parties, and after due deliberation, It is ORDERED that the Circuit Court accepts the Agreed Disposition and the Respondent shall receive a Public Reprimand with Terms, as set forth in the Agreed Disposition, which is attached and incorporated in this Memorandum Order. It is further ORDERED that the sanction is effective September 2,208. The Clerk of the Disciplinary System shall assess costs pursuant to 3-9 E. ofthe Rules. A copy teste ofthis Order shall be mailed, to the Respondent, Franklin Clemmer Coyner, at his last address ofrecord with the Virginia State Bar, P,O. Box 2, Stuarts Draft, VA 24477-0002, with an attested copy to Michael L. Rigsby, Michael L. Rigsby, PC, P.O. Box 29328, Henrico, VA 23242, and to Paulo E. Franco, Jr., Assistant Bar Counsel, Virginia State Bar, East Main Street, Suite 700, Richmond, Virginia 2329-0026, and to the Clerk ofthe Disciplinary System, Virginia State Bar, East Main Street, Suite 700, Richmond, VA 2329-0026. ENTERED THIS 25~ DAY OF SEPTEMBER, 208 CIRCUIT C~PRT.QF TNE CITY OF STAUNTON C ÝS- Clifford-Lynwood Athey, Jr., ChiefJqdge Three-Judge Circuit Court TESTE ~<2 drjult Cóbrt, Staunton, VA L~
-' '.'.'*' ".'' 'V..'*W"'.'. V.'..' *V, I VV7 i v-rwv-tv # V-~VVU I *LUV l' VIRGNIA: ]N THE CIRCUIT COURT FOR THE CITY OF STAUNTON VIRGINIA STATE BAR EX REL EIGHTH DISIRICT COMMITTEE VSB Docket No. 7-080-0792 8-080-0496 Complalnant, V. Case No. CL80043-00 FRANKLIN CLEMMBR COYNBR Respondent. AGREED DISPOSrrION (PUBLÏC REPRIMAND WITH TERMSÌ Pursuant to the Rules of the Supreme Court ofvirginia~ Part 6, Section IV, f 3-6.H, the Virginia State Bar Anrl Franklin Clemmer Coynor, Rospondcnt~ by their respective counsel,hereby enter into the following Agreed Disposition arising out ofthis matter. L STIPULATIONS OF FACT. During oaløndar years 206 ånd 207, Respondent maintained an IOLTA account ***853 for the receipt and disbuzsemont of client funds. 2, Respondent admits that his n:cords for the receipt and disbursement offunds for IOLTA account *** 853 during calendar years 206 and 207 are incomplete. SpcoiSoally, Respondent oannot demonsuate that he maintained a oash receipts and cash disbursementsjournal for IOLTA account ***853 that oontained Entries ibr recelptø, disbursements, and transfers; An identification ofthe olient matter; The date of the transactioni The name ofthe payor or payee; and The manner in which trust ñlnds were received, disbursed, or transferred from the IOLTA account ***853, for each trust account transaction.
- ' ' W '.,.,.,I, '.."''I,.."'.,,"... /lilli 'W''W.'f.'VV'W 'W'.W.'L...,r V. 3., Respondent did not maintain a separate ledger for each olient from whom he received funds in #ust during calendar years 206 and 207. $ 4. Respondent did not reconcile IOLTA account ***853 during calendar yoars 206 and 207. 5. During calendar years 206 and 207, Respondent acknowledged that deposited some client advance fees directly into operatíng account ****8999. 6. In the çourse oflhe Virgloia State Bar's investigation~ R=pondent stated that the m4iorityofincoming funds were being deposited into bis operating account whioh he alleged was for work he had already completed; however, he was not ablø to provide a complete aooounting due to the s ato ofhis finauoial records. 7. The bar's investigation found no evidence ofany clicots reporting missing money during the period in question. IÏ. > ATURB OF M[SCONDUCT Such conduct by Respondeht constitutes miscooduct in violation ofthc following provisions of the Rules ofprofessional Conduct: RULE I.5 (a)() RULE.5 (b)(3) RULE.5(c)(I) RULE.5(o)(2) RULE.5(c)(3) RULE.5(d)(3) RULE.5 (d)(4) BI, PROPOSED DISPOSmON Accordingly, Assistant Bar COUIlsel, Respondent and Respondent's counsel tender to the Court fjrits approval the Agreed Disposítionofa Publio Reprlmand With Terms as representing an appropriate sanction if this matter were to be heard through an evidentiary hearing. Thc tenns 2
, ''' '-*...V'0.L..'V r. 'V..W '.I.I WW U are as follows:. Respondent shall provide to the Virginia State Bar quarturly audits, prepared and submitted by a Virginia licensed Certified Publio Aocountant demonstrating that hi8 IOLTA trust account is in compliance with the requirements ofrule.5 ofthe Virginia Ruleß of Professional Conduct. Respondent shall provide suoh audits for a period oftwo years. 2. Such audits shall commence with the last quarter of oalcndar year 208. 3. Such audits shall be provlded to the office of Bar Counsel within 45 days althc end ofeach quatter. 4, Respondent shall take 4 hours ofcontlnulng legal eduoation in law office management withjn three (3) months ofthe date ofthe disposition ofthis oaso. Such hour8 shall be in additfon to, and not count towards~ Respondent's continuing legal educaüon requirements. 5, Respondent shall take the 4 additional hours within three (3) months from the date of the entry ofthe disposition ofthis oase, and shall report suoh hours to the Virginia State Bar's MCLB ompliance divtsìon indioating that such hours arc part of a sanotion issued by this Court 6. Respondent shall be on a period ofprobation for a period oftwo years from the date of the entry of any order of disposition. In the event that the Respondent be found guilty of any misconduct involving Rule,5 of the Virgloia Rules ofprofòssional Conduct during the probationary period, Respondent agreeà to an additional thirty (30) day suspension in addition to aoy other period ofsuspension for failure to oomplote any other term of this Public Reprimand with Tenns, Ifthe tenns are not met as set forth herein, Respondent agrees that the alternative disposition shall be a thirty (30) day suspension of Respondent, s license to practice law. Enforoement oftho Terms ofthts Publlc Reprìmand with Terms shall be as set fòrth in Pazt 6, Section IV, Paragraph 3.I8.0. Respondent agroeš that ifthe three-judge court desigoated to hear this matter accepts tbls Agreed Disposition~ thís matter becomes Final and Non-Appealable. Respondent also agrees that Ìn the event the three-judge oourt designated to hear this matter declines to acoopt this Joint recommendation: i) the same three-judge oourt shall hcar, preside over and oonoludø the hearing 3
'W'...' -Il- W V# V ofthis matter in accordance with ~he designa6on by the Supreme Court of Virginla; and ii) Respondent waives any ohallenge to tile composition oflhe three-judge court based onits consideration and/or rejection ofthis joint recommendation, If the Agreed Disposition is approved, the Clerk of the Disoiplinary System shall assess an administrative fee. THE VIRGNIA STATE BAR Paulo E. Franco, Jr. Assistant Bar Counsel \\.~~On# - Re*ondent ) Fran)din Clcmìher Coy~er ---- /l " Mlohaei Rigsby Counsel for Respondent 4'