School Days

The Circuit Court for Arlington County Virginia imposed an agreed six-month suspension based on stipulations of misconduct in two matters.

One involved a lawsuit against an Ohio school

After hearing Respondent on a podcast, Amy Gonzalez ("Complainant") and Andrea Gross ("Gross") retained Respondent to represent them in a potential civil claim against their children's school, Columbus Academy ("CA"), located in Columbus, Ohio.

Fees

On January 4, 2022. Complainant and Gross each paid Respondent a $10,000 advanced legal fee via credit card for a total of $20,000. Respondent did not deposit the $20,000 advanced legal fee in his trust account. Instead. he deposited it directly into his operating account.

The suit was filed in the Ohio Court of Common Pleas.

Respondent voluntarily dismissed the action after the school filed for dismissal for failure to state a claim on which relief could be granted.

Respondent did not immediately explain to Gross or Complainant that he would need to refile the defamation claim on or before, April 18, 2023 it would be time barred. See Ohio Rev. Code, §2305. l l (West 202.l ). Respondent maintains that, after receiving CA' s Motion to Dismiss and learning new information stated therein, he told Gross and Gonzalez that the defamation claim was meritless and that he could not, ethically, refile it.

He then advised the clients he would file an action in federal court

Respondent never provided Complainant or Gross a draft federal complaint.

The clients received no refund and filed a bar complaint

In his interview with the bar investigator, Respondent stated that he did not mean for Complainant and Gross to take seriously his statement that he would return the advanced legal fee to them.

The second matter involved a lawsuit against Duke University

On December 7, 2022, the parents of Y. Hicks ("Hicks" ) retained Respondent to file. suit on Hicks' behalf against Duke University. On December 12, 2022, Respondent filed a complaint on Hicks' behalf against Duke University. On December 19, 2022, Hicks' parents paid Respondent a $20,000 advanced legal fee. Respondent received the fee on December 21 , 2022, and deposited it in his operating account. Respondent told Foley the entire fee was earned by the time he received the fee.

Hicks told Foley that Respondent filed a lawsuit against Duke University but withdrew it without their permission. Hicks told Foley that Respondent told them the suit had been incorrectly filed. Respondent maintains the suit was withdrawn because Hicks no longer had standing and that he explained that to Hicks.

Hicks advised they have demanded a refund of their $20,000 fee, but Respondent has "ghosted" them.

I could not find an identifying reference to Foley in the document but there is a Virginia bar investigator with that last name. (Mike Frisch)