Valerie M. Smedley Valerie Murray Smedley Took our money and performed no service; Won't return phone calls; Paid her in April it's now Sep 29. Montgomery, Alabama

 On June 20, 2012, Valerie Smedley appeared before the Honorable Wallace Capel, Jr., United States Magistrate Judge, as counsel for a defendant in a pretrial conference. The Magistrate Judge, having been informed that Ms. Smedley had been suspended from the practice of law by the Alabama State Bar ("ASB"), invited Ms. Smedley into chambers to inquire why she was attempting to appear on behalf of her client while suspended.

Ms. Smedley informed the Magistrate Judge that she was unaware of the suspension and had not been provided notice of such from the ASB. The court contacted the ASB and was informed that Ms. Smedley had been provided notice of the suspension, thus, it appeared to the court that Ms. Smedley attempted knowingly to practice law while suspended, and misrepresented to the court her knowledge of her suspension.

On June 27, 2012, Chief Judge Watkins entered a show cause order (Ex. A attached) why Ms. Smedley should not be removed from the roll of attorneys admitted to practice in this District, and otherwise sanctioned for her conduct, under M. D. Ala. LR 83.1.

Ms. Smedley responded on July 9, 2012, in part; "I honestly did not have knowledge of the time period of my suspension." (Ex. B attached). On August 17, 2012. the Court received information from the ASB establishing the following facts with regard to the suspension of Ms. Smedley:

(1) Ms. Smedley entered into and signed a Conditional Guilty Plea with the Disciplinary Commission of the Alabama State Bar (Disciplinary Commission") on April 29, 2012. Paragraph nine of that Plea states: 'The effective date of the suspension shall be June 1, 2012." (Ex. C attached).

(2) The Disciplinary Commission granted the Conditional Guilty Plea by order dated May 22, 2012. (Ex. D attached).

(3) On June 15, 2012. the Supreme Court of Alabama entered an order suspending Ms. Smedley from the practice of law for a period of 91 days, effective as of June 1, 2012." (Ex. E attached). Upon consideration of all the facts and circumstances, including the response of Ms. Smedley.

the Court finds that Ms. Smedley is charged with knowledge of her ASB suspension date of June 1. 2012, and that she attempted to practice in this District before the Hon. Wallace Capel, Jr., on June 20, 2012, while she was suspended from the practice of law in Alabama.

Local Rule 83. 1(g) sets standards for professional conduct; adherence to the Alabama Rules of Professional Conduct is one such standard. Attorney misconduct, whether or not occurring in the course of an attorney/client relationship, may be disciplined by disbarment, suspension, reprimand, monetary sanction, removal from the Court's roster of attorneys eligible for practice before this Court, or such other sanctions as the Court may deem appropriate." Id. Further, under subsection (h)-Discipline", 'The Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition, refer the matter to the local grievance committee as hereinafter defined; or take any other action the Court deems appropriate.

These procedures are not mutually exclusive." Pursuant to Rule 83.1(g) and the Court's inherent authority to discipline attorneys who are members of its bar, attorney Valerie Murry Smedley is hereby DISBARRED from the Bar of the Middle District of Alabama.

The Clerk of the Court is DIRECTED to so note on the record of the Court; to send a certified copy of this Order to attorney Valerie Murry Smedley by Certified Mail, Return Receipt Requested and by regular mail; to send a certified copy to J. Anthony McLain, Esq., General Counsel to the Alabama State Bar, by regular mail, First Class, and to send a certified copy to James P. Gerstenlauer, Circuit Executive, Eleventh Circuit Court of Appeals, by regular mail, First Class.

Ms. Smedley shall have 14 days from the date of this Order to request a formal hearing on this matter. Any such request shall state with specificity the grounds upon which the request is made. If no request is made, this Order will become final on the I 5th day from the date hereof.

On May 22, 2012, the Disciplinary Commission entered an order accepting the conditional guilty plea of Montgomery attorney Valerie Murry Smedley to a 91-day suspension of her license.

On June 15, 2012, the Supreme Court of Alabama entered an order accepting the Disciplinary Commission’s order suspending Smedley for a period of 91 days, effective June 1, 2012. In ASB nos. 2007-40(A), 2007-193(A), 2008-26(A), 2008-148(A), and 2008-222(A), Smedley admitted she failed to comply with the terms of her probation, and entered a guilty plea admitting to violations of rules 1.3, 1.4(a) and 1.4(b), Ala. R. Prof. C. In ASB nos. 2010-1224 and 1421, Smedley pled guilty to violating rules 1.3 and 1.4(a), Ala. R. Prof. C., because she failed to diligently pursue her clients’ cases and failed to keep her clients reasonably informed regarding the status of their cases.

In ASB No. 2010-1232, Smedley pled guilty to violating Rule 8.4(g), Ala. R. Prof. C., for her failure to satisfy a judgment entered against her in civil court. In ASB No. 2011-498, Smedley pleaded guilty to violating rules 1.4(a) and 1.4(b), Ala. R. Prof. C., because she failed to keep her clients reasonably informed regarding the status of their cases. ASB No. 2011-1274 will be dismissed if Smedley meets certain requirements. [ASB nos. 2007-40(A), 2007-193(A), 2008-26(A), 2008-148(A), 2008-222(A), 2010-1224, 2010-1232, 2010-1421, 2011-498, and 2011-1274].

I received a letter dated June 26, 2012 which reads:

Complaint against Valerie Murry Smedley

You previously filed a complaint against the above-referenced attorney with the Alabama State Bar. As a result of your complaint, Ms. Smedley received a 91-day suspension effective June 1, 2012.

This order of suspension operates as a final determination of your complaint. In the event Ms. Smedley applies for reinstatement to the Alabama State Bar the public will be notified before any action is taken.

We thank you for bring this matter to our attention and we appreciate your willingness to cooperate with the Alabama State Bar in this matter.

Sincerely,

Kim J. Ellis
For the Office of General Counsel