Swango v. Virginia State Bar

Holding

A Virginia-licensed attorney charged two clients what he characterized as a non-refundable \$300 consultation fee. The first individual attempted to cancel his consultation the day of the scheduled meeting because he no longer needed the attorney’s services. The second individual simply missed his meeting. Despite the fact that the consultations never occurred, the attorney, who had deposited the fees into his operating account when they were received, refused to refund the fees. The Virginia State Bar asserted that this handling of the funds received violated Rule of Professional Conduct 1.5(a) regarding fees and RPC 1.15(a)(1) regarding the safekeeping of a client’s property. The attorney requested that the matter be heard before a three-judge circuit court, which determined that he violated RPC 1.5(a) and RPC 1.15(a)(1). Finding no error, the judgment of the circuit court is affirmed.