Latif Opinion

VIRGINIA:

BEFORE THE THIRD DISTRICT, SECTION I

SUBCOMMITTEE OF THE VIRGINIA STATE BAR

IN THE MATTER OF

KHALIL WALI LATIF

VSB Docket No. 02-031-0343

SUBCOMMITTEE DETERMINATION

PUBLIC REPRIMAND

On May 13, 2003, a meeting in this matter was held before a duly convened Third District, Section I, Subcommittee consisting of Cheryl J. Wilson, Esquire, Patricia B. Clary, Lay Member, and C. Gilbert Hudson, Jr., Esquire, presiding.

Pursuant to Part 6, Section IV, Paragraph 13.G.4. of the Rules of the Virginia Supreme Court, the Third District, Section I, Subcommittee of the Virginia State Bar hereby serves upon the Respondent the following Public Reprimand:

I. FINDINGS OF FACT

1. Alan Eugene Barnett, Sr., now known as Khalil Wali Latif or Khalil Abdal Latif, was admitted to the practice of law in the Commonwealth of Virginia on April 25, 1991.

2. At all times relevant to these proceedings, Mr. Latif was an attorney in good standing to practice law in the Commonwealth of Virginia.

3. In March 1999, Donella Grant-Crist retained Mr. Latif to represent her in a sexual harassment case against the Department of Corrections.

4. Mr. Latif suggested that filing for bankruptcy would enhance Ms. Grant-Crist's claims.

5. On May 22, 2000, Ms. Grant-Crist paid Mr. Latif $200 to file a bankruptcy petition on her behalf.

6. Mr. Latif cashed Ms. Grant-Crist's check on June 5, 2000, but never filed the bankruptcy petition.

On or about July 30, 2000, Ms. Grant-Crist filed a bar complaint against Mr. Latif alleging, inter alia, that he had failed to properly represent her interests in the sexual harassment case.

Mr. Latif filed a written response to Ms. Grant-Crist's bar complaint and submitted two affidavits in support of his response but canceled an appointment for an interview with Virginia State Bar Investigator Albert E. Rhodenizer, Jr. scheduled for May 16, 2002, so his counsel could be present, then failed to respond to Mr. Rhodenizer's efforts to schedule another interview.

As a result of Mr. Latif's failure to respond to the bar's lawful demand for the information an interview would have supplied, Mr. Latif never addressed Ms. Grant-Crist's allegations that he failed to file the bankruptcy petition.

II. NATURE OF MISCONDUCT

Respondent, his counsel and Bar Counsel agree that the findings of fact give rise to the following disciplinary rule violations:

RULE 1.3 Diligence

* * *

A lawyer shall not intentionally fail to carry out a contract of employment entered into with a client for professional services, but may withdraw as permitted under Rule 1.16.

RULE 1.15 Safekeeping Property

(a) All funds received or held by a lawyer or law firm on behalf of a client, other than reimbursement of advances for costs and expenses, shall be deposited in one or more identifiable escrow accounts maintained at a financial institution in the state in which the law office is situated and no funds belonging to the lawyer or law firm shall be deposited therein except as follows:

(1) funds reasonably sufficient to pay service or other charges or fees imposed by the financial institution may be deposited therein; or

(2) funds belonging in part to a client and in part presently or potentially to the lawyer or law firm must be deposited therein, and the portion belonging to the lawyer or law firm must be withdrawn promptly after it is due unless the right of the lawyer or law firm to receive it is disputed by the client, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved.

* * *

III. PUBLIC REPRIMAND

Accordingly, it is the decision of the subcommittee to impose a Public Reprimand and the Respondent is hereby so reprimanded. The Clerk of the Disciplinary System shall assess an administrative fee.

THIRD DISTRICT SUBCOMMITTEE OF THE VIRGINIA STATE BAR

By____________________________

C. Gilbert Hudson, Jr.
Subcommittee Chair

CERTIFICATE OF SERVICE

I certify that I have this _____ day of _________________, 2003, mailed by Certified Mail, Return Receipt Requested, a true and correct copy of the Subcommittee Determination (Public Reprimand) to the Respondent, Khalil Wali Latif, at 110 North Main Street, P.O. Box 593, Farmville, Virginia 23901, his last address of record with the Virginia State Bar and by first class mail a copy of same to Respondent's counsel, Andrew W. Wood, at Wood and Wood, P.C., P.O. Box 8265, Richmond, Virginia 23226.

______________________________

Barbara Ann Williams
Bar Counsel

PERSONAL AND CONFIDENTIAL

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

NO. 7002 0860 0004 6220 7192

Khalil Wali Latif, Esquire
110 North Main Street
P.O. Box 593
Farmville, Virginia 23901

Re: In the Matter of Khalil Wali Latif

VSB Docket No. 02-031-0343

Dear Mr. Latif:

Enclosed herein is a Subcommittee Determination (Public Reprimand) which is being served upon you by the Third District Subcommittee of the Virginia State Bar.

Please be aware that this disposition will remain a part of your disciplinary record.

Very truly yours,

C. Gilbert Hudson, Jr.
Subcommittee Chair

Enclosure

cc: Andrew W. Wood, Respondent's Counsel (w/encl.)

Barbara Ann Williams, Bar Counsel (w/encl.)

Ray P. Lupold, III, Committee Chair (w/encl.)

Marcus D. Minton, Committee Secretary (w/encl.)

Gene Rhodenizer, Bar Investigator (w/encl.)

Clerk of the Disciplinary System (w/encl.)

PERSONAL AND CONFIDENTIAL

Mrs. Donella Grant-Crist
26388 Mason Road
Jarratt, Virginia 23867

Re: In the Matter of Khalil Wali Latif

VSB Docket No. 02-031-0343

Dear Mrs. Grant-Crist:

Enclosed is a copy of the Subcommittee Determination (Public Reprimand) issued to Khalil Wali Latif by the Third District Subcommittee of the Virginia State Bar.

Thank you for your cooperation with the committee in this matter.

Very truly yours,

C. Gilbert Hudson, Jr.
Subcommittee Chair

Enclosure

cc: Barbara Ann Williams, Bar Counsel

Ray P. Lupold, III, Committee Chair

Marcus D. Minton, Committee Secretary

Clerk of the Disciplinary System

May 13, 2003

PERSONAL AND CONFIDENTIAL

C. Gilbert Hudson, Jr., Esquire
Hudson & Robinson, PLLC
324 South Main Street
Emporia, Virginia 23847-2028

Re: In the Matter of Khalil Wali Latif

VSB Docket No. 02-031-0343

Dear Mr. Hudson:

As a result of our subcommittee telephone conference call today, enclosed is a Subcommittee Determination (Public Reprimand) and a cover letter to the Respondent and Complainant in the above-referenced matter.

If these drafts meet with your approval, please endorse the documents and return them to me at your earliest convenience for distribution to the appropriate parties. If you have any questions, please do not hesitate to contact me.

Very truly yours,

Barbara Ann Williams

Bar Counsel

Enclosures