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. CL2018-15409JAMES DANIEL GRIFFITH VSB DOCKET NOS.: 18-070-110110

18-070-11060018-070-11105818-070-11125618-070-111573

AGREED DISPOSITION MEMORANDUM ORDERFOR A REVOCATION

This matter came to be heard on Monday, December 17,2018, before a Circuit Court Three-Judgepanel, upon the jojnt request of the parties for the Court to accept the Agreed Disposition endorsed by theparties and offered to the Court as provided by the Rules of the Supreme Court ofVirginia. The panelconsisted of the Honorable James Stephen Yoffy, Judge ofthe Fourteenth Judicial Circuit, Designated ChiefJudge, 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 bycounsel, The Virginia State Bar appeared through its Assistant Bar Counsel, Prescott L. Prince. CourtReporter 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 duedeliberation,

It is ORDERED that the Circuit Court accepts the Agreed Disposition and the Respondent , s licenseshall 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 Respondentmust comply with the requirements of Part Six, § IV, 1113-29 ofthe Rules oftheSupreme Court ofVirginia. The Respondent shall forthwith give notice by certified mail of the Revocationor Suspension of his or her license to practice law in the Commonwealth ofVirginia, to all clients for whomhe or she is currently handling matters and to all opposing attorneys and presiding Judges in pendinglitigation. The Respondent shall also make appropriate arrangements for the disposition ofmatters then in hisor her care in conformity with the wishes of his or her clients. The Respondent shall give such notice within14 days of the effective date of the Revocation or Suspension, and make such arrangements as are requiredherein within 45 days of the effective date of the Revocation or Suspension. The Respondent shall alsofurnish proof to the Bar within 60 days of the effective day of the Revocation or Suspension that such noticeshave been timely given and such arrangements made for the disposition ofmatters,

It is further ORDERED that if the Respondent is not handling any client matters on the effective dateofthc Revocation or Suspcnsion, hc or she shall submit an affidavit to that effect within 60 days of theeffective 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 bedetermined by the Virginia State Bar Diwiplinary Board, which may impose a sanction ofRevocation oradditional Suspension for failure to complyWith the requirements ofthis subparagraph.

The Clerk oftheDisciplinary 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 EastMain Strect~ Suite 700, Riohmond, Virginia 23219-0026, and to the Clerk oftheDisciplinary System,Virginia State Bar, 1111 EastMain Street Suite 700, Richmond, VA 23219.0026.

ENTERED THIS )-7DAY OF8~Mß-. 2018CIRCUIT COURT FOR THE COUNTY OF FAIRFAX

James Støphen Yof~ChiefJildThr=Judge Circuit\~ourtpM#>/

I ask for this:

PÌ;scott L. PrinceAssistant Bar CounselVirginia State BarBar No. 230771111 E. Maln Street~ Ste 700Richmond, VA 23219(804) 755-9408 (Phone)(804) 775-0597 (fax)Seen and agreed to:

1*8p*ch Hill PlaceRb,60, VA 20194,

RECEIVED

VIRGINIA STATE BAR CLERK'S OFFICE

Dec 21, 2018

VIRGINIA:

IN THE CIRCUIT COURT FOR THE COUNTY OF FAIRFAX

VIRGINIA STATE BAR

vs.

VSB Docket Nos.: 18-070-110110, 19-070-11058, 18-070-11573, 18-070-11256,18-070-110600

Complainant,

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)

RECEIVED

VIRGINIA STATE BAR CLERK'S OFFICE

Dec 13, 2018VIRGINIA:

IN THE CIRCUIT COURT FOR THE COUNTY OF FAIRFAX

VIRGINIA STATE BAR

vs.

VSB Docket Nos.: 18-070-110110, 19-070-11058, 18-070-11573, 18-070-11256, 18-070-110600

Complainant,

JAMES DANIEL GRIFFITH,

Respondent.

AGREED DISPOSITION (REVOCATION OF LICENSE)

Case No. CL2018-15409

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

_ .. ---