On Monday, April 8, 2024, the Sixth District Subcommittee of the Virginia State Bar issued a public reprimand with terms against attorney Melissa D. Johnson.
The case is entitled “In the Matter of Melissa D. Johnson,” with case no. 23-060-126832.
The charges cited Virginia Rules of Professional Conduct 4.2, 8.4(a), 8.4(b) which states:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
It is professional misconduct for a lawyer to (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.
It is professional misconduct for a lawyer to (b) commit a criminal or deliberately wrongful act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness to practice law.
The Rules of Professional Conduct can be found here.
According to the Subcommittee Determination, Johnson represented Della Garrett and William Pointer, who were remainder beneficiaries of the James H. Pointer Family Trust, in March 2022 regarding issues with the trust and potential financial exploitation of the sole trustee and beneficiary, 69-year-old Wyolene S. Pointer.
The determination stated that in meetings with her clients, Johnson was made aware that Pointer was represented by attorney Susanna B. Hickman. However, Johnson then permitted her clients to directly contact and meet with Pointer without Hickman to discuss the potential resignation of Pointer as trustee.
Johnson obtained a draft resignation document from her clients that had been previously prepared by Hickman. On April 7, 2022, Johnson amended the draft, removing an indemnification provision. Johnson provided the amended resignation to her clients and intended to accompany them to obtain Pointer’s signature, again without Hickman.
When Johnson’s clients met alone with Pointer, they presented the amended resignation and obtained her signature on video. Johnson then notarized the signature despite not being present for it or verifying Pointer’s identity, in violation of Virginia notary law.
Following this, Johnson sent the signed resignation to Hickman, asserting Pointer had resigned as trustee. Hickman then filed a declaratory judgment action, questioning the resignation’s enforceability.
The Subcommittee found that by allowing her clients to directly contact the represented party Pointer regarding the matter without consent, and by knowingly inducing the presentation of the amended resignation through her clients to the opposing party, Johnson violated professional conduct rules regarding communication with represented persons and misconduct.
However, the matter was resolved through an agreed disposition of a public reprimand with terms dated April 8, 2024. As part of the disposition, Johnson will not engage in further misconduct for one year. She must also complete six hours of continuing legal ethics education within six months.
If Johnson fails to comply with the terms, the District Committee can impose further sanctions. The reprimand aims to remind attorneys of their duties to avoid improper communications with represented parties and not assist clients in violating professional conduct rules.
According to the filing, Ms. Johnson acquired her law license in Virginia in 2020.
A copy of the original filing can be found here.
