Attorney Brian Kraig Telfair’s Virginia License Revoked Following Misconduct in Two Client Cases

In the Ballard case, Telfair stipulated to a series of missteps in his representation of Ballard in a lawsuit concerning real property. According to the affidavit, Telfair agreed to represent Ballard in July 2022 in a lawsuit seeking to rescind the transfer of two parcels of real property. Telfair was accused of agreeing to dismiss claims related to one property without Ballard’s consent and then dismissing the entire lawsuit with prejudice without informing or obtaining authorization from Ballard.

The document states that Telfair misrepresented the status of the case to Ballard, including failing to inform her about the dismissal and removing notices of pending legal action. He also allegedly advised Ballard incorrectly about her ability to refile claims. Furthermore, Telfair is accused of not depositing advanced legal fees into a trust account and failing to refund unearned fees. The Virginia State Bar alleged that Telfair violated Rules 1.1, 1.2(a), 1.3(b), 1.4 (a-c), 1.5(a), 1.15(a)(1), 1.15(b)(4), 1.16(d), and 8.4(c) of the Rules of Professional Conduct.

The second case, involving Daria Avent, centers around Telfair’s representation in a divorce case. Telfair stipulated that he agreed to represent Avent for a flat fee of $6,000, but his representation agreement misstated that the fee was earned upon receipt. He is accused of failing to deposit the advanced legal fees in a trust account and not refunding any of the fees despite prematurely terminating the representation. The document indicates that Telfair filed a motion to withdraw as counsel but never requested a hearing on it, essentially abandoning Avent’s case. The Virginia State Bar alleged that Telfair violated Rules 1.3(b), 1.5(a), 1.15(a)(1), 1.15(b)(4), 1.16(c), 1.16(d) and 8.4(b) of the Rules of Professional Conduct.

As part of the revocation order, Telfair is required to notify his clients, opposing attorneys, and presiding judges of the revocation of his license within 14 days and make arrangements for the disposition of his cases within 45 days. He must also provide proof of these notifications and arrangements to the Clerk of the Disciplinary System of the Virginia State Bar within 60 days. If Telfair is not handling any client matters, he must submit an affidavit to that effect within 60 days.

The Board will decide all issues concerning the adequacy of the required notices and arrangements, with the burden of proof on Telfair to demonstrate compliance.