Board of Professional Responsibility, Wyoming State Bar v. Andrea L. Richard, WSB No. 5-2848 ( 2017 )

IN THE SUPREME COURT, STATE OF WYOMING
2017 WY 80April Term, A.D. 2017
June 28, 2017
BOARD OF PROFESSIONAL
RESPONSIBILITY, WYOMING
STATE BAR,
Petitioner,
D-14-0001
v.
ANDREA L. RICHARD, WSB No.
5-2848,
Respondent.
ORDER REINSTATING ATTORNEY TO THE PRACTICE OF LAW
[¶1] This matter came before the Court upon the “Report and Recommendation for
Reinstatement,” filed herein June 19, 2017, by the Board of Professional Responsibility
for the Wyoming State Bar. By order entered August 1, 2014, this Court suspended
Respondent from the practice of law for a period of three years. Board of Professional
Responsibility, Wyoming State Bar v. Richard, 2014 WY 98, 335 P.3d 1036 (Wyo. 2014).
Respondent subsequently sought reinstatement. Now, after a careful review of the Board
of Professional Responsibility’s Report and Recommendation for Reinstatement and the
file, this Court finds that the Report and Recommendation should be approved,
confirmed, and adopted by the Court; and that the Respondent, Andrea L. Richard,
should be reinstated to the practice of law. It is, therefore,
[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s
Report and Recommendation for Reinstatement, which is attached hereto and
incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted
by this Court; and it is further
[¶3] ADJUDGED AND ORDERED that the Respondent, Andrea L. Richard, be, and
hereby is, reinstated to the practice of law in Wyoming, effective August 1, 2017; and it
is further
[¶4] ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the
Wyoming State Bar, this Order Reinstating Attorney to the Practice of Law, along with
the incorporated Report and Recommendation for Reinstatement, shall be published in
the Wyoming Reporter and the Pacific Reporter; and it is further
[¶5] ORDERED that the Clerk of this Court shall docket this Order Reinstating
Attorney to the Practice of Law, along with the incorporated Report and
Recommendation for Reinstatement, as a matter coming regularly before this Court as a
public record; and it is further
[¶6] ORDERED that the Clerk of this Court transmit a copy of this Order Reinstating
Attorney to the Practice of Law to the members of the Board of Professional
Responsibility and to the clerks of the appropriate courts of the State of Wyoming.
[¶7] DATED this 28th day of June, 2017.
BY THE COURT:*
/s/
E. JAMES BURKE
Chief Justice
*Justice Hill took no part in the consideration of this matter.
IN THE SUPREME COURT IN THE SUPREME
STATE OF WYOMING COURT
STATE OF WYOMING
FILED
BOARD OF PROFESSIONAL JUN 19 2017
RESPONSIBILITY,
WYOMING STATE BAR,
Petitioner,
D-14-0001
v.
ANDREA L. RICHARD,
WSB No. 5-2848,
Respondent.
REPORT AND RECOMMENDATION
FOR REINSTATEMENT
The Board ofProfessional Responsibility(the"Board")convened by telephone conference
call on the 12th day of June, 2017, to consider the Petition for Reinstatement submitted by
Respondent, Andrea L. Richard,and the Stipulated Motion for Reinstatement filed by Bar Counsel
and Respondent. Present on the call were all members of the Board; Mark W. Gifford, Bar
Counsel; Shannon Howshar,assistant to Bar Counsel; Brandi Robinson,Board Clerk; Respondent
Andrea L. Richard; Melinda R. McCorkle, counsel for Respondent; and James R. Clary, Jr., one
of Respondent's lawyers in prior proceedings before the Wyoming Supreme Court. The Board
having reviewed the stipulation, the supporting affidavit of Respondent, the procedural history of
the case as forth in the attachments, and being otherwise fiilly advised in the premises, finds and
recommends as follows:
Findings
1. On May PI,2017, Respondent filed a Verified Petition for Reinstatement.
2. Respondent was admitted to the Wyoming State Bar in 1991 and practiced law
continuously in Wyoming until 2014, when disciplinary proceedings initiated in 2009 culminated
with an order suspending Respondent from the practice oflaw for three years,commencing August
1, 2014. Board ofProfessional Responsibility v. Richard, 2014 WY 98, 335 P.3d 1036(Wyo.
2014).
3. The order of suspension approved, confirmed and adopted the Board's report and
recommendation filed January 2, 2014, which followed a disciplinary hearing before the Board
held from July 29 through August 2,2013.
4. The matter came before the Board on Bar Counsel's Fourth Amended Formal
Charge, which alleged that Respondent had violated various provisions ofthe Wyoming Rules of
Professional Conduct in seven(7)different litigation cases during the years 2007 through 2012.
5. Specifically, the Board and the Court found that Andrea Richard violated Wyo. R.
Prof. Conduct 3.1, Meritorious Claims and Contentions,in the Fields matter,the AECOM matter,
the Shindell matter and the Dorf matter. Richard,supra,335 P.3d at 1052-53. The Board and the
Court found that Andrea Richard violated Wyo. R. Prof. Conduct 3.2, Expediting Litigation, by
failing to fulfill her obligation to expedite litigation in the Fields, AECOM, Sterrett and Haden
matters. Richard, supra, 335 P.3d at 1054. The Board and the Court found that Andrea Richard
violated Wyo. R. Prof. Conduct 3.3, Candor Toward the Tribunal, in the AECOM, Sterrett and
Shindell matters. Richard, supra, 335 P.3d at 1055. The Board and the Court found that Andrea
Richard violated Wyo.R. Prof. Conduct 3.4, Fairness to Opposing Party and Counsel in the Fields,
AECOM, Sterrett, Haden, Miller and Dorf matters. The Board and the Court further found that
Ms. Richard violated her obligations in Wyo. R. Prof. Conduct 3.5, Impartiality and Decorum of
the Tribunal, in the MilIer matter. Richard, supra, 335 P.3d at 1055. The Board and the Court
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concluded that Ms. Richard violated Rule 8.4(c), Misconduct — involving dishonesty,fraud,deceit
or misrepresentation by making misrepresentations concerning discovery and other matters in the
AECOM,Sterrett, Haden and Shindell matters. Richard,supra,335 P.3d at 1055. The Board and
the Court likewise concluded that Andrea Richard violated Wyo. R. Prof. Conduct 8.4(d),
Misconduct — conduct prejudicial to administration ofjustice in the AECOM, Sterrett, Shindell,
Miller and Dorf matters. Richard, supra,335 P.3d at 1055.
6. The Board and the Court carefully considered the American Bar Association's
Standards for Imposing Lawyer Discipline including the applicable aggravating and mitigating
factors as set forth in detail in the Court's Order,Richard, supra,335 P.3d at 1055-61. The Board
recommended and the Court ordered a three year suspension, beginning August 1, 2014, plus the
assessment of costs of the disciplinary proceedings and administrative fees. Richard, supra, 335
P.3d at 1063.
7. In an Order issued on August 1, 2014, the Wyoming Supreme Court approved,
confirmed and adopted the Board's report and recommendation, with Respondent's three year
suspension to begin immediately. The Court ordered Respondent to reimburse the Wyoming State
Bar for costs associated with the disciplinary proceedings in the amount of$ 41,770.76, as well as
pay an administrative fee of$500.00.
8. Respondent timely paid the costs and administrative fees ordered by the Court, and
complied with and satisfied the requirements of Section 22 of the Disciplinary Code regarding
notification of clients and opposing counsel, return of unearned fees, and security ofrecords.
9. On May 3,2017, Respondent filed a Verified Petition for Reinstatement.
10. Because this matter originated with formal charges that were filed prior to the July
1,2015,effective date for the Rules of Disciplinary Procedure, the reinstatement provisions ofthe
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Disciplinary Code for the Wyoming State Bar apply to this proceeding. Section 24 of the
Disciplinary Code,"Reinstatement After Suspension or Disbarment," provides as follows:
(b) An attorney who has been suspended for a specific period of greater than six (6)
months may petition the BPR for reinstatement no sooner than ninety(90) days prior
to the expiration ofthe period specified in the order ofsuspension unless another period
is specified in the order, which petition shall include a certification that:
(i) all past annual license fees, the current year's annual license fee and any late
charges have been paid in fuIl, in addition to all past and current annual fees for
continuing legal education;
(ii) the attorney is current on all mandatory continuing legal education
requirements;
(iii) there have been no claims or awards made in regard to an attorney on the
client's security fund for which the fund has not been reimbursed; and
(iv)the attorney has complied with all other applicable conditions for reinstatement.
******
(e) A fee offive hundred dollars($500.00)shall accompany the filing ofa petition for
reinstatement by a suspended attorney. * * * In addition, the Court may order that the
necessary expenses incurred in the investigation and processing of a motion for
reinstatement be paid by the respondent.
(f) Following receipt ofa petition for reinstatement, Bar Counsel and the attorney may
stipulate to reinstatement by submitting to the BPR a written stipulation and affidavit
ofthe attorney which provides a detailed description ofthe factual basis for compliance
with the elements detailed below in subsection (g). Any such stipulation shall be
approved or disapproved by the BPR. If the stipulation is approved, a report and
recommendation shall be transmitted to the Court. If accepted by the Court, the Court
shall issue its order stating that the attorney is reinstated to the practice of law, which
may include any conditions the Court deems appropriate.
11. In her affidavit of factual basis submitted with the Petition for Reinstatement,
Respondent provided satisfactory evidence of her eligibility and suitability for reinstatement,
including:
a. Respondent paid all costs and administrative fees required by the 2014 order
of suspension. Respondent has paid the $500.00 filing fee for the present petition for
reinstatement.
b. Since her 2014 suspension, Respondent has paid all required annual license
fees, including the license fee for 2016-2017.
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c. Since her 2014 suspension, Respondent has remained compliant with her
annual Continuing Legal Education(CLE)requirements,including the 2016 period just ended and
2017. Among the classes the Respondent has attended in the past three years was the Bar-
sponsored ethics course "Pathways to Professional Practice,"(September 10, 2015). Respondent
also completed Bar accredited CLE courses including: "The Do's and Don'ts of Ethical
Supervision under the Wyoming Rules of Professional Responsibility,(July 6, 2016);"What do
the Proposed Changed to the WRCP Mean to Your Practice?" (September 1, 2016); "Basic
Mediation Training," (30.25 hours commencing October 24, 2016);"A Conversation with the
Courr(November 2, 2016).
d. Respondent has acknowledged that prior to her suspension, her practice had
evolved to an unhealthy state with too many cases and inadequate resources to give each matter
the time it merited. Respondent has committed substantial time and energy during her suspension
to attaining insight and a new perspective on the importance ofachieving a balanced and centered
Iife. Those efforts have included attendance at classes, presentations and workshops at
Respondent's church; counseling (something that was recommended in the Board's report and
recommendation); and a ten(10) week,intensive business skills course through Central Wyoming
College.
e. Respondent has accepted responsibility for the conduct that led to her
suspension and is cognizant ofthe shortcomings upon which the Board based its decision to impose
the suspension. Specifically, Respondent has carefiilly reviewed the 2014 Order of Suspension.
Respondent has made careful study of the Rules of Professional Conduct, including those
Respondent was found to violate in the suspension proceeding, and will endeavor to conduct
herself in all respects in vigilant compliance with those Rules. Respondent is aware of the Bar's
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Ethics Hotline, and will not hesitate to contact Bar Counsel for guidance as specific questions
arise.
f. In addition, Respondent has several mentors upon whom she will not
hesitate to call for guidance as the need arises.
g. If reinstated, Respondent intends to focus her practice on Guardian Ad
Litem work, mediation and select litigated matters. Respondent intends to participate in Guardian
ad Litem training. Thus, if reinstated Respondent plans to serve her community by offering two
practice areas that are very needed by members ofthe public.
h. Respondent has reviewed resource material provided by the Wyoming State
Bar and the Office of Bar Counsel and has compiled these materials in a binder for use as a
reference source.
12. Bar Counsel met with counsel for Respondent and Respondent on April 20, 2017
in Cheyenne. Respondent was candid and forthright about her remorse, her commitment to
rehabilitation and her desire not to repeat the conduct and behaviors that led to her suspension.
13. During the June 12,2017,conference call with the Board,Respondent was similarly
candid and forthright about her remorse, her commitment to rehabilitation and her desire not to
repeat the conduct and behaviors that led to her suspension. She responded in an open and
satisfactory manner to the Board's questions regarding her rehabilitation and acceptance of
responsibility for her prior misconduct.
WHEREFORE,for the reasons stated in the Stipulated Motion for Reinstatement, Petition
and accompanying Affidavit, the Board recommends that Respondent be reinstated to the practice
oflaw.
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