PRESENT: All the Justices THOMAS HUNT ROBERTS OPINION BY v. Record No. 180122 JUSTICE D. ARTHUR KELSEY SEPTEMBER 6, 2018 VIRGINIA STATE BAR FROM THE VIRGINIA STATE BAR DISCIPLINARY BOARD Thomas Hunt Roberts appeals a decision of the Virginia State Bar Disciplinary Board (the “Board”) sanctioning him with a public reprimand with terms after finding that he violated Rules 1.15(a)(3)(ii) and 1.15(b)(5) of the Virginia Rules of Professional Conduct (“Disciplinary Rules”). Finding no error in the Board’s decision, we affirm. I. On appeal, “we view the evidence and all reasonable inferences that may be drawn therefrom in the light most favorable to the Bar, the prevailing party below.” Green v. Virginia State Bar, ex rel. Seventh Dist. Comm., 274 Va. 775, 783 (2007). A. THE REPRESENTATION AGREEMENT In December 2014, Lauren Hayes engaged Thomas H. Roberts & Associates, P.C., to represent her regarding a personal injury claim arising out of a vehicle collision. On behalf of the firm, Roberts entered into a Representation Agreement, see 2 J.A. at 332-37, which, among other things, provided that the firm would receive a contingency fee of “33 1/3 percent of the gross . . . of any and all judgment and/or recovery, computed before any deductions, including but not limited to expenses or costs,” id. at 332. The agreement stated that the contingency fee would increase to 40% “[i]f the recovery is within 45 days of the first trial date or thereafter.” Id. It also provided that “any settlement or award” that included attorney fees “shall be paid to the law firm in addition to the contingency fees provided for above.” Id. In addition to the stipulated fees, the agreement required Hayes to pay “all costs and expenses” of the firm, including charges for word processing, computerized research, travel, copying, court reporters, and other similar expenditures. Id. at 333. Another provision of the agreement required Hayes “to maintain a balance of $150.00 in trust with the law firm” and stipulated that “[t]his money held in trust belongs to the client.” Id. (emphasis omitted). The firm reserved the right, however, to “draw against the money held in trust for costs and expenses and also for payment of fees for services performed” and similarly advised that “[a]t such time as the law firm ceases to represent the client, any amount remaining in trust will be returned to the client, after deduction for costs & expenses and fees for service.” Id. In the event that Hayes terminated the representation, the agreement instructed her that “any such termination shall not in any way affect the client’s obligation to pay” for all bills that the firm had incurred as well as “interest, costs and attorney’s fees on the terms and conditions set forth in this Agreement.” Id. at 334-35. In bold print, the agreement added: Additionally, client understands and agrees that if the client terminates the representation where all or part of the firm[’]s fee for services was to be computed based on some contingency, the law firm ...
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