CHARLESTON –- For failing to notify the state Bar of his 2004 suspension in Virginia, a Washington, D.C.-area attorney has been suspended from practicing law in West Virginia.
The state Supreme Court on Nov. 22 ordered Stanley K. Foshee suspended for three years to mirror action taken against him in 2004 by the Virginia Supreme Court. The West Virginia high court's decision came only recently since Foshee, 63, of Alexandria, Va., was an inactive member of the Bar, and did not inform them of his original suspension until May 2009.
According to the Virginia Bar's Web site, Foshee was suspended for mishandling the personal injury suit of Sylvia W. Hairston, who was injured in a 1996 car wreck. Despite filing Hairston's suit in September 1998, Foshee nine months later filed a motion for nonsuit in response to a defense motion to compel discovery.
In his motion, which was granted on May 6, 1999, Foshee claimed a capital murder case in D.C. precluded him from devoting time to Hairston's case.
A motion for nonsuit is a notice by the plaintiff that he or she does not wish to proceed with his or her suit, but reserves the right to refile it within the applicable statute of limitations. Foshee neither received Hairston's permission to file the motion nor refiled it within the statute of limitations.
Apparently, Foshee did not inform Hairston the suit was dismissed until nearly three she was at fault for the wreck, and in order to succeed it would be necessary to hire an expert witness.
Regardless, Foshee in November 2001, promised Hairston he would take care of a $2,920.21 bill related to her injury. In April 2002, Foshee promised the company starting May 1, a $500 check would be coming each month until the bill was paid in full, and provide them with a promissory note.
Not only did Foshee fail to make good on providing the promissory note, and payments, he failed to inform Hairston a month before promising to take care of the bill his license was administratively suspended. Because he provided legal advice while not technically an attorney, Foshee committed unauthorized practice of law.
Records show in addition to a UPL violation, the Bar charged him with violation the Virginia Rules of Professional Conduct dealing with competence and promptness, zealous representation, diligence, communication and misconduct. In addition to the three-year suspension, Foshee was ordered to pay Hairston's outstanding bill which by then increased to $3,200.
Following his suspension in Virginia on April 23, 2004, the D.C. Bar took reciprocal action, and also suspended him for three years on April 27, 2006.
In addition to its suspension, the West Virginia Supreme Court ordered Foshee provide to the state Bar satisfaction of fulfilling the requirements of the Virginia Supreme Court's disciplinary order before seeking reinstatement of his West Virginia license, and pay the costs of the disciplinary proceeding.
According to both the Virginia and D.C, Bars' Web sites, Foshee is still suspended.
West Virginia Supreme Court of Appeals case number 35121