12/27/2018 09:56 (FAX) P.002/003 VIRGINIA: BEFORE THE CIRCUIT COURT FOR THE COUNTY OF FAIRFAX IN THE MATTERS OF CASE NO. CL2018-15409 JAMES DANIEL GRIFFITH VSB DOCKET NOS.: 18-070-110110 18-070-110600 18-070-111058 18-070-111256 18-070-111573 AGREED DISPOSITION MEMORANDUM ORDER FOR A REVOCATION This matter came to be heard on Monday, December 17,2018, before a Circuit Court Three-Judge panel, upon the jojnt 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 of the Supreme Court of Virginia. The panel consisted of the Honorable James Stephen Yoffy, Judge ofthe Fourteenth Judicial Circuit, Designated Chief Judge, the Honorable Dale B. Durrer, Judge ofthe Sixteenth Judicial Circuit, and the Honorable Joseph J, Ellis, Judge of the Fifteenth Judicial Circuit. James Daniel Griffith was present and was not represented by counsel, The Virginia State Bar appeared through its Assistant Bar Counsel, Prescott L. Prince. Court Reporter Jennifer L. Hairfield, Chandler and Halasz, P.O. Box 9349, Richmond, Virginia 23227, telephone (804) 730-1222, after being duly sworn, reported the hearing and transcribed the proceedings. WHEREFORE, upon consideration ofthe Agreed Disposition, the Petition for Expedited Hearing, Respondent' s Answer, Respondent's disciplinary record, the arguments of thc parties, and after due deliberation, It is ORDERED that the Circuit Court accepts the Agreed Disposition and the Respondent, s license shall be revoked. The Agreed Disposition, is attached to, and incorporated in this Memorandum Order. It is further ORDERED that the sanction is effective January 4, 2019. The Respondent must comply with the requirements of Part Six, IV, 1113-29 ofthe Rules ofthe Supreme Court of Virginia. The Respondent shall forthwith give notice by certified mail of the Revocation or Suspension of his or her license to practice law in the Commonwealth of Virginia, to all clients for whom he or she is currently handling matters and to all opposing attorneys and presiding Judges in pending litigation. The Respondent shall also make appropriate arrangements for the disposition of matters then in his or her care in conformity with the wishes of his or her clients. The Respondent shall give such notice within 14 days of the effective date of the Revocation or Suspension, and make such arrangements as are required herein within 45 days of the effective date of the Revocation or Suspension. The Respondent shall also furnish proof to the Bar within 60 days of the effective day of the Revocation or Suspension that such notices have been timely given and such arrangements made for the disposition of matters, It is further ORDERED that if the Respondent is not handling any client matters on the effective date ofthc Revocation or Suspcnsion, hc or she shall submit an affidavit to that effect within 60 days of the effective date of the Revocation or Suspension to the Clerk of the Disciplinary System at the Virginia State
12/27/2018 09:56 (FAX) P.003/003 Bar. All issues concerning the adequacy of the notice and arrangements required by Paragraph 13-29 shall be determined by the Virginia State Bar Diwiplinary Board, which may impose a sanction of Revocation or additional Suspension for failure to comply With the requirements ofthis subparagraph. The Clerk ofthe Disciplinary System shall assess costs pursuant to 113-9 E. ofthe Rules. A copy tate of this Order sha]i be mailed, to the Respondent~ James Daniel Griñlth, at his last address ofreoord with the Virginia Stnte Bar. James Daniel Griffith, Esq., 1418 Church Hill Place, Reston, VA 20194, with an attested copy to Prcscott L. Prince, Assistant Bar Counsel, Virginia State Bar, 1111 East Main Strect~ Suite 700, Riohmond, Virginia 23219-0026, and to the Clerk ofthe Disciplinary System, Virginia State Bar, 1111 East Main Street Suite 700, Richmond, VA 23219.0026. ENTERED THIS )-7 DAY OF 8~Mß-. 2018 CIRCUIT COURT FOR THE COUNTY OF FAIRFAX pm#>/ James Støphen Yof~ Chief Jild Thr=Judge Circuit\~ourt I ask for this: PÌ;scott L. Prince Assistant Bar Counsel Virginia State Bar Bar No. 23077 1111 E. Maln Street~ Ste 700 Richmond, VA 23219 (804) 755-9408 (Phone) (804) 775-0597 (fax) Seen and agreed to: 1*8 p*ch Hill Place Rb,60, VA 20194,
VIRGINIA: RECEIVED Dec 21, 2018 VIRGINIA STATE BAR CLERK'S OFFICE IN THE CIRCUIT COURT FOR THE COUNTY OF FAIRFAX VIRGINIA STATE BAR VSB Docket Nos.: 18-070-110110, 19-070-11058, 18-070-11573, 18-070-11256,18-070-110600 Complainant, vs. Case No. CL2018-15409 JAMES DANIEL GRIFFITH, Respondent. AMENDMENT TO AGREED DISPOSffiON COMES NOW the Virginia State Bar (VSB), through its counsel in this matter, Assistant Bar Counsel Prescott L. Prince, and James Daniel Griffith prose (Respondent) and do hereby state the following: 1. That VSB and Respondent had previously entered into an Agreed Disposition, which provided, inter alia, that the parties tendered to the Court for its approval the agreed disposition of REVOCATION OF LICENSE TO PRACTICE LAW as the appropriate sanction _, in!4e this matter with said Revocation to commence on 11 January 2019. 2. That a telephonic hearing on the matter was held on 17 December 2018, which Respondent and the VSB both attended. The in the course of the hearing, Respondent represented to the Court that he represented a client in a case scheduled to be heard by the Loudon County Circuit Court on 10 January 2019 and that, for that reason, he had requested,
without objection from the VSB, that the effective date of the Revocation of his license be 11 January 2019; 3. That in said 17 December 2018 hearing, the Court approved that Agreed Disposition and Ordered the revocation of the license be effective 11 January 2019, on the condition that Assistant Bar Counsel Prince communicate with Respondent's client in said matter before the Loudon County Circuit Court and confirm that said client was aware that Respondent's license to practice law was to be revoked on 11 January 2019 and that Respondent would be unable to provide any manner of legal assistance thereafter. 4. That on 19 December 2018, Respondent informed Assistant Bar Counsel Prince that he had been permitted to withdraw as counsel in the above referenced matter. Respondent further stated that although he has no other court appearances, he is currently in process of wrapping up his practice and requests that the effective date of the Revocation of his license to practice law be 4 January 2019. 5. The VSB does not object to the effective date of the Revocation of Respondent's license to practice law in the Commonwealth of Virginia being moved to 4 January 2019. WHEREFORE, the VSB and Respondent do hereby request that the Agreed Disposition I in this matter be amended and that the effective date of Respondent's License to Practice Law in the Commonwealth of Virginia be 4 January 2019.
~ Prescott L. Prince Assistant Bar Counsel Virginia State Bar Bar No. 23077 1111 E. Main Street, Ste 700 Richmond, VA 23219 (804) 755-9408 (Phone) (804) 775-0597 (fax)
VIRGINIA: RECEIVED Dec 13, 2018 VIRGINIA STATE BAR CLERK'S OFFICE IN THE CIRCUIT COURT FOR THE COUNTY OF FAIRFAX VIRGINIA STATE BAR VSB Docket Nos.: 18-070-110110, 19-070-11058, 18-070-11573, 18-070-11256, 18-070-110600 Complainant, vs. Case No. CL2018-15409 JAMES DANIEL GRIFFITH, Respondent. AGREED DISPOSITION (REVOCATION OF LICENSE) Pursuant to the Rules of the Supreme Court of Virginia, Part 6, Section IV, 'If 13-6.H, the Virginia State Bar and James Daniel Griffith,pro se, (hereinafter, "Respondent") hereby enter into the following Agreed Disposition arising out of this matter. I. STIPULATIONS OF FACT 1. That the parties acknowledge that there is a pending Show Cause Proceeding before this Court that consists of five separate matters, those being: VSB Docket No. 18-070- 110110; VSB Docket No. 18-070-111058; VSB Docket No. 18-070-111573; VSB Docket No. 18-070-111256; and 18-070-110600. The Show Cause along with all attachments and exhibts thereto is attached to this Agreed Disposition as Exhibit 1 and the allegations contained therein are incorporated into this Agreed Disposition as if fully set forth herein. 2. That Respondent acknowledges that the material facts upon which the allegations of misconduct are predicated are true except for VSB Docket No. 18-070-110110 in which
Respondent concedes that, were the case to be tried, the evidence presented by the Virginia State Bar would be sufficient to find by clear by clear and convincing evidence that Repondent had committed the misconduct alleged. II. NATURE OF MISCONDUCT COMMITTED Such conduct by Respondent constitutes misconduct in violation of the following provisions of the Rules of Professional Conduct: Rule 1.2 Scope of Representation (a) A lawyer shall abide by a client's decisions concerning the objectives ofrepresentation, subject to paragraphs (b ), ( c ), and ( d), and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client's decision, after consultation with the lawyer, whether to accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. 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. Rule 1.4 Communication (a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Rule 1:16 (e) All original. client-furnished documents and any originals of legal instruments or official documents which are in the lawyer's possession (wills, corporate minutes, etc.) are the property of the client and, therefore, upon termination of the representation, those items shall be returned within a reasonable time to the client or the client's new counsel upon
request, whether or not the client has paid the fees and costs owed the lawyer. If the lawyer wants to keep a copy of such original documents, the lawyer must incur the cost of duplication. Also upon termination, the client, upon request, must also be provided within a reasonable time copies of the following documents from the lawyer's file, whether or not the client has paid the fees and costs owed the lawyer: Jawyer/client and lawyer/third-party communications; the lawyer's copies of client-furnished documents (unless the originals have been returned to the client pursuant to this paragraph); transcripts, pleadings and discovery responses; working and final drafts oflegal instruments, official documents, investigative reports, legal memoranda, and other attorney work product documents prepared or collected for the client in the course of the representation; research materials; and bills previously submitted to the client. Although the lawyer may bill and seek to collect from the client the costs associated with making a copy of these materials, the lawyer may not use the client's refusal to pay for such materials as a basis to refuse the client's request. The lawyer, however, is not required under this Rule to provide the client copies of billing records and documents intended only for internal use, such as memoranda prepared by the lawyer discussing conflicts of interest, staffing considerations, or difficulties arising from the lawyer-client relationship. The lawyer has met his or her obligation under this paragraph by furnishing these items one time at client request upon termination; provision of multiple copies is not required. The lawyer has not met his or her obligation under this paragraph by the mere provision of copies of documents on an item-by-item basis during the course of the representation. Rule3.3 Candor Toward The Tribunal (a) A Jawyer shall not knowingly: ( 1) make a false statement of fact or law to a tribunal; Rule8.4 Misconduct It is professional misconduct for a lawyer to: (b) commit a criminal or deliberately wrongful act that reflects adversely on the lawyer's honesty, trustworthiness or fitness to practice law; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the lawyer's fitness to practice law; III. PROPOSED DISPOSITION Accordingly, Assistant Bar Counsel, and Respondent tender to the Court for its approval the agreed disposition of REVOCATION OF LICENSE TO PRACTICE LAW as an appropriate
sanction if this matter were to be heard through an evidentiary hearing. The Revocation shall commence on 11 January 2019. Respondent agrees that if the three-judge court designated to hear this matter accepts this Agreed Disposition, this matter becomes Final and Non-Appealable. Respondent also agreesthat in the event the three-judge court designated to hear this matter declines to accept this joint recommendation: i) the same three-judge court shall hear, preside over and conclude the hearing of this matter in accordance with the designation by the Supreme Court of Virginia; and ii) Respondent waives any challenge to the composition of the three-judge court based on its consideration and/or rejection of this joint recommendation. If the Agreed Disposition is approved, the Clerk of the Disciplinary System shall assess an administrative fee. ~g Prescott L Prince Assistant Bar Counsel _..--- Res