Board of Professional Responsibility, Wyoming State Bar v. Andrea L. Richard, WSB No. 5-2848
2017 WY 80
| Wyo. | 2017Background
- Andrea L. Richard was admitted to the Wyoming State Bar in 1991 and practiced in Wyoming until suspension in 2014.
- In 2014 the Wyoming Supreme Court suspended Richard for three years based on multiple ethics violations arising from seven litigation matters (2007–2012).
- The Court’s 2014 order adopted the Board’s findings that Richard violated multiple Wyoming Rules of Professional Conduct (including rules on meritorious claims, candor, fairness, impartiality, and misconduct involving dishonesty) and assessed costs and fees.
- Richard paid the ordered costs and administrative fee, complied with client-notification and record requirements, paid annual license fees, and kept CLE current during suspension.
- Richard submitted a verified petition and affidavit for reinstatement, documenting remediation steps (education, counseling, mentorship, CLE, intent to focus practice on GAL work and mediation) and expressed remorse and acceptance of responsibility.
- The Board reviewed a stipulated motion, Richard’s affidavit, met with counsel, and unanimously recommended reinstatement to the Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for reinstatement under Disciplinary Code | Board: Apply Section 24 standards; ensure statutory prerequisites met before reinstatement | Richard: She meets Section 24 prerequisites (fees, CLE, compliance) and is suitable for reinstatement | Court approved Board recommendation and reinstated Richard effective Aug 1, 2017 |
| Compliance with financial and administrative conditions | Board: Must verify payment of costs/fees and CLE currency | Richard: She paid costs, paid $500 filing fee, remained current on fees and CLE | Board found compliance; Court accepted and reinstated |
| Evidence of rehabilitation and fitness to practice | Board: Must be satisfied that respondent has rehabilitated and won’t repeat misconduct | Richard: Demonstrated remediation (education, counseling, mentors), remorse, study of rules, plans for limited practice areas | Board found testimony and affidavit satisfactory; Court adopted recommendation |
| Procedural sufficiency of stipulated reinstatement | Board: Stipulation and affidavit can support reinstatement if Board approves | Richard: Submitted stipulated motion and affidavit describing factual basis for compliance | Board approved stipulation; Court adopted report and ordered reinstatement |
Key Cases Cited
- Board of Professional Responsibility v. Richard, 335 P.3d 1036 (Wyo. 2014) (supreme court adopted Board’s findings of multiple ethics violations and imposed three‑year suspension)