Board of Professional Responsibility, Wyoming State Bar v. Andrea L. Richard, WSB No. 5-2848

Citations: 2017 WY 80; 397 P.3d 201; 2017 Wyo. LEXIS 78; 2017 WL 2799625Docket: D-14-0001

Court: Wyoming Supreme Court; June 28, 2017; Wyoming; State Supreme Court

Original Court Document: View Document

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

The Supreme Court of Wyoming issued an order reinstating attorney Andrea L. Richard to the practice of law, effective August 1, 2017. Richard had been suspended for three years beginning August 1, 2014, due to disciplinary proceedings that started in 2009. The Board of Professional Responsibility submitted a Report and Recommendation for Reinstatement on June 19, 2017, which the Court reviewed and adopted. The reinstatement followed Richard’s Verified Petition for Reinstatement filed on May 1, 2017, and a telephone conference held by the Board on June 12, 2017, where all members, including Bar Counsel and Richard's legal representatives, participated. The order mandates that the reinstatement details be published in the Wyoming Reporter and the Pacific Reporter, and that copies be transmitted to the Board and relevant court clerks. Chief Justice E. James Burke signed the order, noting that Justice Hill abstained from the proceedings.

The Board addressed Bar Counsel's Fourth Amended Formal Charge against Andrea Richard, alleging violations of the Wyoming Rules of Professional Conduct in seven litigation cases from 2007 to 2012. Findings confirmed violations of Wyo. R. Prof. Conduct 3.1 (Meritorious Claims) in four cases, 3.2 (Expediting Litigation) in four cases, 3.3 (Candor Toward the Tribunal) in three cases, 3.4 (Fairness to Opposing Party) in five cases, and 3.5 (Impartiality and Decorum) in one case. Additionally, Richard was found to have violated Rule 8.4(c) (Misconduct involving dishonesty) and 8.4(d) (Misconduct prejudicial to justice) across multiple matters. The Board and Court evaluated the American Bar Association's Standards for Imposing Lawyer Discipline, leading to a recommendation of a three-year suspension starting August 1, 2014, along with costs of $41,770.76 and an administrative fee of $500. The Wyoming Supreme Court approved this recommendation and ordered compliance with the disciplinary requirements. Richard subsequently paid the ordered fees and fulfilled obligations related to client notification and records security. On May 3, 2017, she filed a Verified Petition for Reinstatement.

Formal charges filed before July 1, 2015, trigger the applicability of the Disciplinary Code for the Wyoming State Bar concerning reinstatement. Under Section 24, an attorney suspended for over six months may petition for reinstatement 90 days before the suspension ends, provided they certify: full payment of past and current annual license fees and continuing legal education (CLE) fees; compliance with mandatory CLE requirements; no outstanding claims against the client security fund; and adherence to other reinstatement conditions. A $500 fee is required with the petition, and the court may order the payment of investigation expenses by the respondent. Upon receipt of the reinstatement petition, Bar Counsel and the attorney can agree to stipulate reinstatement, which must be approved by the Bar's Professional Responsibility Board (BPR). If approved, a report is sent to the court, which may impose conditions upon reinstatement.

In her affidavit accompanying the Petition for Reinstatement, the respondent demonstrated her eligibility by providing evidence that she has paid all costs related to her 2014 suspension, including the $500 filing fee for the current petition. She has also paid all required annual license fees since her suspension, remained compliant with CLE requirements, and attended various Bar-sponsored courses, including an ethics course and multiple accredited CLE courses over the past three years.

Respondent acknowledged that her legal practice had become unmanageable prior to her suspension, leading to an unhealthy workload without sufficient resources to address each case properly. During her suspension, she dedicated significant time to gaining insight and achieving balance in her life through classes, counseling (as recommended in a Board report), and a ten-week business skills course at Central Wyoming College. She accepted responsibility for her past conduct, reviewed the 2014 Order of Suspension, and studied the Rules of Professional Conduct relevant to her violations, committing to adhere to them moving forward. Respondent is aware of the Bar's Ethics Hotline for guidance and has established a network of mentors for support. If reinstated, she plans to focus on Guardian Ad Litem work, mediation, and select litigation, intending to participate in related training to serve the community. Respondent compiled reference materials from the Wyoming State Bar for ongoing guidance. During meetings with Bar Counsel and the Board, she expressed remorse, a commitment to rehabilitation, and a desire to avoid repeating her prior mistakes. Consequently, the Board recommended her reinstatement to the practice of law, which was approved by the Court, effective August 1, 2017. The reinstatement order will be published in the Wyoming Reporter and the Pacific Reporter.

The Clerk of the Court is ordered to docket the Order Reinstating Attorney to the Practice of Law, along with the Report and Recommendation for Reinstatement, as a public record. A copy of this Order will be sent to the Board of Professional Responsibility and the relevant clerks of the State of Wyoming courts. The Order is dated June 28, 2017, and signed by Chief Justice E. James Burke, with Justice Hill abstaining from consideration.

The Board of Professional Responsibility convened on June 12, 2017, to review the Petition for Reinstatement from Andrea L. Richard, who was previously suspended for three years starting August 1, 2014, due to disciplinary actions stemming from violations of the Wyoming Rules of Professional Conduct in multiple cases between 2007 and 2012. The Board found that Richard had violated several rules, including:

1. **Wyo. R. Prof. Conduct 3.1** (Meritorious Claims) in four matters.
2. **Wyo. R. Prof. Conduct 3.2** (Expediting Litigation) in four matters.
3. **Wyo. R. Prof. Conduct 3.3** (Candor Toward the Tribunal) in three matters.
4. **Wyo. R. Prof. Conduct 3.4** (Fairness to Opposing Party) in six matters.

The findings are based on a stipulation, supporting affidavit, and procedural history reviewed during the hearing.

Ms. Richard was found to have violated multiple rules of professional conduct, specifically Wyo. R. Prof. Conduct 3.5 regarding impartiality and decorum of the tribunal, and Rule 8.4(c) concerning misconduct involving dishonesty in several cases (AECOM, Sterrett, Haden, Shindell, and Miller). Additionally, she was determined to have conducted herself in a manner prejudicial to the administration of justice under Rule 8.4(d). The Board and the Court evaluated the American Bar Association's Standards for Imposing Lawyer Discipline, including aggravating and mitigating factors, and subsequently recommended a three-year suspension effective August 1, 2014, along with the requirement to pay disciplinary costs totaling $41,770.76 and an administrative fee of $500. Ms. Richard complied with these orders, fulfilling her obligations regarding client notifications and returning unearned fees. On May 3, 2017, she filed a Verified Petition for Reinstatement. The reinstatement process is governed by the Disciplinary Code provisions applicable prior to July 1, 2015, stipulating that a suspended attorney may petition for reinstatement no sooner than 90 days before the suspension period ends, accompanied by proof of compliance with various conditions, including payment of fees and continuing legal education requirements, as well as a $500 reinstatement fee. The Court may also require the respondent to cover expenses related to the reinstatement process.

Upon receiving a petition for reinstatement, Bar Counsel and the attorney may agree to a written stipulation, including an affidavit detailing compliance with specific requirements. This stipulation must be approved by the Board of Professional Responsibility (BPR); if approved, it is forwarded to the Court for an order of reinstatement, possibly with conditions. The respondent has demonstrated eligibility and suitability for reinstatement by fulfilling several criteria, including:

1. Payment of all costs and administrative fees from a 2014 suspension order and the current petition's filing fee.
2. Compliance with annual license fees and Continuing Legal Education (CLE) requirements since the suspension, including attending various relevant courses.
3. Acknowledgment of past professional shortcomings and a commitment to personal and professional improvement, supported by participation in various classes and counseling.
4. Acceptance of responsibility for prior misconduct and a thorough understanding of the Rules of Professional Conduct, with a commitment to adhere to them moving forward.
5. Establishing a support network of mentors for guidance.
6. Intent to focus practice on Guardian Ad Litem work, mediation, and selective litigation, including plans for further training in these areas.
7. Organization of reference materials provided by the Wyoming State Bar.

Bar Counsel and the respondent's counsel met on April 20, 2017, where the respondent expressed remorse and commitment to rehabilitation. During a June 12, 2017 conference call, she reiterated her sincere desire to avoid repeating past behaviors. Based on these factors, the Board recommends reinstatement to the practice of law.