On Wednesday, September 28, 2022, the Fifth District Subcommittee, Section 1 of the Virginia State Bar ruled on the agreed disposition entered into, by and between the Virginia State Bar and Manassas attorney Justin Todd Daniel.
The case, titled In the Matter of Justin Todd Daniel, was brought by the Virginia State Bar. Case #22-051-124240.
The charges cited Daniel’s violation of Rule 1.1, 1.3(a), 1.4(a) & (b) of the Rules of Professional Conduct, which state:
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
A lawyer shall act with reasonable diligence and promptness in representing a client.
A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
The charges relate to Respondent’s failure to advance a personal injury case in which he had entered his representation in 2015. Respondent filed a suit for negligence against the defendant, two years after accepting the representation, and when the statute of limitations was about to expire. One month before the set jury trial, respondent motioned for inspection of the accident site, to which the opposing counsel opposed. He lost on his last-minute motion and recommended for nonsuit in order to inspect the site. The client and his wife agreed because respondent seemed unprepared to take the case to trial.
Thereafter, respondent took a nonsuit of the case and he did not refile the case for another six months. It was only on April 2019 had Respondent refiled the lawsuit after six months of nonsuiting and after emails from the Client. In July 2019, the trial was set for April 2020. As a result of the COVID-19 pandemic, the trial was now set for 2023.
In November 2021, the client, unaware of the status of his case and unable to contact respondent since September 2020, filed a bar complaint. After receiving the bar complaint on December 2021, Respondent communicated an apology to the Client and requested to discuss the matter but the client did not respond.
During the bar’s investigation in August 2022, Respondent reached out to the Client and they agreed that Respondent would remain the counsel for the matter. Settlement negotiations resumed and are ongoing. To date, the trial remains pending.
Respondent and the Virginia State Bar, pro se, entered and stipulated into an agreed disposition, a public reprimand with terms. The agreed disposition was filed before the Subcommittee for its determination.
Accordingly, after two meetings held before a duly convened Fifth District Subcommittee, Section I of the Virginia State Bar voted to approve the agreed disposition for a public reprimand with terms.
The terms of the public reprimand in pertinent part reads:
“. . . Respondent shall engage Kim Daugherty (hereinafter “Supervisor”), managing member at the Daugherty Law Firm (hereinafter “Firm”), as a mentor and direct supervisor of Respondent’s caseload and practice.
On or before April 1, 2023, Respondent will complete 6.0 hours of continuing legal education credits by attending courses approved by the Virginia State Bar in the subject matter of law office management. . .”
As of today, Mr. Daniel is listed on The Daugherty Law Firm, PC as a practicing attorney. He attended The Catholic University of America, Columbus School of Law, graduating in 2008. Daniel practices in Manassas, Virginia and he has been licensed in Virginia. His info can be found on LinkedIn.
A copy of the original filing can be found here.
