On Tuesday, February 14, 2023, the Section I subcommittee of the Virginia State Bar publicly reprimanded attorney Jenifer Shirey for failure to refund the advance deposit of a client despite being replaced as counsel.

The case is entitled “In the matter of Jenifer Shirey” with case no. 22-021-124993 and 22-021-125448.

The charges cited Virginia Rules of Professional Conduct 1.15, and 1.6 which state:

A lawyer shall promptly pay or deliver to the client or another as requested by such person the funds, securities, or other properties in the possession of the lawyer that such person is entitled to receive;

A lawyer shall promptly pay or deliver to the client or another as requested by such person the funds, securities, or other properties in the possession of the lawyer that such person is entitled (c)Record-Keeping Requirements. A lawyer shall, at a minimum, maintain the following books and records demonstrating compliance with this Rule: (1) Cash receipts and disbursements journals for each trust account, including entries for receipts, disbursements, and transfers, and also including, at a minimum: identification of the client matter; the date of the transaction; the name of the payor or payee; and the manner in which trust funds were received, disbursed, or transferred from an account. (2) A subsidiary ledger containing a separate entry for each client, another person, or entity from whom money has been received in trust. The ledger should clearly identify: receive.

Required Trust Accounting Procedures. In addition to the requirements set forth in Rule 1.15 (a) through (c), the following minimum trust accounting procedures are applicable to all trust accounts.

Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, refunding any advance payment of a fee that has not been earned and handling records as indicated in paragraph (e).

The Rules of Professional Conduct can be found here.

Allegedly, the respondent while representing a client for a probation violation, has been replaced. However, an advance fee was already paid by the client as per the request of the respondent. When the replacement took place, the client requested a refund, but the respondent asked to wait for the Substitution Order. After such, the client claimed that the client never then received the letter nor the check for the refund.

The filing states:

“Breeding never received the letter and check. The funds were drawn from an operating account, not the Respondent’s trust account. Respondent stated that she moved funds from her trust account to an operating account because she did not have checks for the trust account. Banking records provided in response to a VSB subpoena duces tecum show that the operating account was overdrawn for the entire month of July 2021. Respondent stated she was not aware that Breeding did not receive the check until she received the bar complaint in February 2022. In March 2022, Respondent wrote a second letter and check refunding $850 to Breeding from an operating account. Breeding received that check and letter.”

The filing continues:

“Respondent stated that she reconciles her trust account twice a year, Respondent maintains a handwritten document that lists clients she has completed work for and the amount of earned fees she withdraws. Respondent stated she maintained disbursement and deposit ledger books years ago but no longer do so.”

In consideration of the agreed Disposition, the Subcommittee decided to impose a public reprimand.

The Disposition states:

Accordingly, having approved the agreed disposition, it is the decision of the Subcommittee to impose a Public Reprimand with Terms. The terms are:

1. For a period of one (1) year following the entry of this Subcommittee Determination (Public Reprimand with Terms), Respondent hereby agrees to and will submit to unannounced reviews by a Virginia State Bar Investigator of her trust account books, records, and bank records to ensure his compliance with all of the provisions of Rule 1.15 of the Rules of Professional Conduct. Respondent agrees to and will fully cooperate with the Virginia State Bar investigator in submitting to such reviews and making available bank records, canceled checks, checkbooks, subsidiary ledgers, receipts journals, disbursements journals, evidence of reconciliations, and any and all other documents necessary for the completion of the reviews.

2. Within 15 days of the date of entry of this Subcommittee Determination, Respondent shall pay to George Haroon, in certified funds or cashier’s or treasurer’s check, a refund of the unearned portion of the advance fee and submit proof of such payment to Bar Counsel at Virginia State Bar, 1111 East Main Street, Suite 700, Richmond, Virginia 23219. (Mr. Haroon is not a party to this disciplinary action. Thus, payment to Mr. Haroon in accordance with this disciplinary action does not establish or create civil liability of Respondent to Complainant or Mr. Haroon, operate to discharge and release the Respondent from claims of further liability, if any, to Complainant or Mr. Haroon, or impair the right of the Respondent to assert any defenses to such claims.

As of today, Ms. Shirey is listed as Trial Attorney. She practices in Hampton Road, Virginia. She is licensed in Virginia. Her info can be found on Linkedin.

A copy of the original filing can be found here.