On Wednesday, December 4, 2024, the Virginia State Bar issued a public reprimand to attorney Thomas Charles Mason III. The reprimand stems from a series of failures in representing a client, Virginia Freihofer, over nearly seven years in a personal injury case resulting from a car accident.
The case is entitled “In the Matter of Thomas Charles Mason, III,” with case no. 24-032-132234.
The charges cited Virginia Rules of Professional Conduct 1.3 and 1.4.
The Virginia State Bar’s Third District, Section II Subcommittee conducted a hearing on November 21, 2024, where members reviewed the circumstances surrounding Mason’s representation of Freihofer. The subcommittee, chaired by David Anthony Stock, along with members Brielle Marie Hunt and Karen McCarthy, agreed to the sanction.
In July 2017, Freihofer retained Mason to handle her personal injury claim, which arose from an accident that occurred on November 30, 2015. Despite the straightforward nature of the case, Mason’s actions throughout the representation were deemed inadequate.
The subcommittee’s findings revealed that Mason filed a lawsuit on Freihofer’s behalf on November 28, 2017, but failed to take necessary steps to advance the case. Notably, nearly one year after initiating the lawsuit, he did not request service on the defendant until November 2018. Furthermore, it took him over two years to contact Freihofer’s insurance company, and he did not issue any discovery requests until almost three years into the representation.
Mason’s lack of communication with Freihofer was a significant factor in the reprimand. He allegedly failed to keep her informed about the status of her case and did not notify her of key developments, such as her deposition scheduled for March 21, 2022. Even when opposing counsel sought to reschedule the deposition, Mason agreed to dates without consulting Freihofer. It was not until April 11, 2022—just four days before the deposition—that he informed her of the scheduled event, providing no preparation prior to the meeting.
Freihofer expressed her frustration in multiple communications, citing a lack of transparency and urgency in Mason’s handling of her case. On May 17, 2024, she sent him an email expressing her concerns about his inaction and lack of updates. Ultimately, on May 22, 2024, she terminated her professional relationship with Mason and filed a complaint with the Virginia State Bar.
Respondent’s file, as reviewed by the subcommittee, did not indicate that he had made any settlement demands or taken meaningful steps to resolve the case during the entirety of the representation. Instead, Mason acknowledged in his response to the bar’s investigation that he had allowed the case to stagnate and admitted to failing in his duty to advance Freihofer’s interests.
The subcommittee determined that Mason’s behavior constituted misconduct under the Rules of Professional Conduct. Specifically, he violated Rule 1.3 regarding diligence, which mandates that attorneys act with reasonable promptness in representing clients. Additionally, he breached Rule 1.4, which requires attorneys to keep clients informed about their cases and to respond to requests for information.
In light of these findings, the Third District, Section II Subcommittee imposed the public reprimand as an appropriate sanction. The reprimand serves as a formal acknowledgment of Mason’s professional shortcomings and aims to uphold the standards of the legal profession.
The Disposition states:
“Accordingly, it is the decision of the Subcommittee to impose a Public Reprimand without Tenns, and Thomas Charles Mason, III is so reprimanded. Pursuant to Part 6, IV, 13- 9. E of the Rules of the Supreme Court of Virginia, the Clerk of the Disciplinary System shall assess costs.”
According to avvo.com, Mr. Mason is a personal injury attorney in Richmond, Virginia. He attended the College of William and Mary, Marshall-Wythe School of Law, graduating in 2012. He acquired his law license in Virginia in 2013.
A copy of the original filing can be found here.
