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S. Ct. Civ. No. 2015-0019
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S. Ct. Civ. No. 2015-0019
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S. Ct. Civ. No. 2015-0019
S. Ct. Crim. No. 2017-0043
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Case Caption:
In re Suspension of Desmond L. Maynard, Esquire as a Member of the Virgin Islands Bar
Case Number:
S. Ct. Civ. No. 2015-0019
Date:
04/20/2018
Author:
Per Curiam
Citation:
Summary:
Considering a petition for disciplinary action filed by the Board on Professional Responsibility arising from grievances filed against an attorney for his handling of certain probate proceedings and requesting that the attorney be suspended from the practice of law in the Virgin Islands and be ordered to pay restitution, the petition is granted and the recommended sanction is imposed in part. The attorney violated his duties under Supreme Court Rules 211.1.1, 211.1.3, 211.1.4, 211.1.15, and 211.8.1 by, among other things, permitting the probate of an estate to languish for over a decade, failing to communicate with an estate beneficiary with respect to the liquidation of certain securities, and failing to keep safe certain property of that estate. The attorney’s lethargic attitude toward the administration of the estate not only significantly delayed the beneficiaries’ receipt of certain assets, it also wholly precluded them from receiving other assets, which were lost due to the passage of time and the attorney’s generally negligent handling of the estate. This case presents a picture of a highly experienced, reputable attorney who nevertheless engaged in a pattern of egregious neglect that ultimately resulted in losses to his client—not just of cash, but of personal property that should have passed to the beneficiaries of her estate. Based on the record, the attorney’s violation of the Rules of Professional Responsibility has deprived his clients of $20,769.85, and caused his clients to expend an additional $8,500.00 in damages. Accordingly, the attorney is ordered to pay restitution to the beneficiaries of the estate in the amount of $29,269.85, representing the value of the assets lost due to his negligence, and the attorney is suspended from the practice of law in this jurisdiction for a period of 18 months.
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