Rice v. Virginia State Bar

Summary

The Supreme Court of Virginia held that Jeffrey Bourke Rice violated Rule 1.3(a) of the Rules of Professional Conduct by failing to act with reasonable diligence in seeking a sentence reduction for a client. The Court dismissed the Rule 8.1(c) violation because the Disciplinary Board’s findings did not establish that Rice’s failure to appear prevented the committee from obtaining information. The Court affirmed in part, reversed in part, and remanded for reconsideration of the one-year suspension based solely on the Rule 1.3(a) violation.

Holdings

1. The Disciplinary Board's finding that Rice violated Rule 1.3(a) was supported by the record because Rice failed to act promptly to file the sentence-reduction motion while the client remained eligible for reconsideration.
2. A disciplinary committee hearing may constitute a demand for information under Rule 8.1(c), and failure to appear may violate the rule when the hearing is intended to obtain sworn testimony; however, the Disciplinary Board did not make findings sufficient to establish a violation in this case.
3. The sanction must be remanded to the Disciplinary Board for reconsideration of whether a one-year suspension is warranted based solely on the Rule 1.3(a) violation.

Questions Presented

1. Whether the evidence supported the Disciplinary Board's finding that Rice violated Rule 1.3(a) by failing to act with reasonable diligence and promptness in representing a client.
2. Whether failure to appear at a disciplinary committee hearing constituted a violation of Rule 8.1(c), which prohibits failing to respond to a lawful demand for information from a disciplinary authority.
3. Whether the one-year suspension should be reconsidered after dismissal of the Rule 8.1(c) violation.

Disposition

reversed_and_remanded