On Tuesday, April 22, 2025, the Virginia State Bar issued a public reprimand with terms to Attorney Dirk Barron Padget. The Eighth District Subcommittee approved an agreed disposition for Padgett, who was found to have violated several Rules of Professional Conduct.
The case is entitled “In the Matter of Dirk Barron Padgett,” with case no. 25-080-132754.
Padgett faced allegations stemming from his representation of Jessica Stoots in a custody and visitation case. On November 28, 2023, Stoots hired Padgett, signing a legal services agreement that required a $6,000 flat fee retainer, described as non-refundable and earned upon receipt. Padgett deposited the advanced fee into his trust account on November 27, 2023. The agreement’s non-refundable clause was later cited as a violation of Rule 1.5, which mandates that legal fees must be reasonable, referencing Virginia Legal Ethics Opinion 1606.
On June 6, 2024, Padgett represented Stoots in a contested hearing to amend custody and visitation arrangements. Dissatisfied with the outcome, Stoots requested a refund of her $6,000 fee on July 10, 2024. Padgett did not provide a refund, asserting the fee was earned due to the flat fee agreement. Stoots then filed a bar complaint on July 28, 2024, and initiated a Warrant in Debt in Roanoke City General District Court on August 15, 2024, seeking the return of her payment.
The subcommittee found that Padgett failed to maintain proper trust account records, violating Rule 1.15. He did not keep client ledgers, receipts, or disbursement journals for Stoots’ case, nor did he reconcile her trust account balance.
On November 13, 2024, during a court hearing for the Warrant in Debt, Padgett presented Stoots with a settlement agreement. The agreement required Stoots to dismiss her bar complaint and lawsuit with prejudice in exchange for a $3,000 payment from Padgett, drawn from his trust account. Stoots signed the agreement in court, and Padgett emailed a copy to the Virginia State Bar. The settlement included a confidentiality clause and a provision attempting to limit Stoots’ ability to pursue her bar complaint, which the subcommittee deemed a violation of Rule 8.4, prohibiting agreements that restrict a client’s right to file disciplinary complaints.
As part of the public reprimand, Padgett must complete six hours of continuing legal education on trust accounting within six months, which will not count toward his mandatory continuing legal education requirements. He is also required to read “Lawyers and Other People’s Money,” 5th Edition, and Virginia Legal Ethics Opinions 1606 and 1899 within 30 days, certifying compliance to Bar Counsel. Failure to meet these terms will result in a hearing before the District Committee to determine further sanctions.
The Disposition states:
“Accordingly, Assistant Bar Counsel and Respondent tender to a subcommittee of the Eighth District Committee for its approval the agreed disposition of a PUBLIC REPRIMAND with Terms as representing an appropriate sanction if this matter were to be heard through an evidentiary hearing by the Eighth District Committee.”
According to the filing, Mr. Padgett acquired his law license in Virginia in 1990.
A copy of the original filing can be found here.
