West Virginia lawyer David R. Tyson has a real problem with time. And it’s not the normal grousing about Daylight Saving Time you typically hear around this time of year, but it’s about counting to 24… as in there are only 24 hours in a day. The resulting, seemingly obvious, maxim is that if you bill more than 24 hours in a day it is a sure sign something isn’t right with your timesheets.
But Tyson was sanctioned for doing just that. He was accused of overbilling the Public Defender Services Corp by — on multiple occasions — billing more than 24 hours in a day. As reported by ABA Journal, he actually admitted to a number of billing irregularities.
He admitted allegations in a first count that he charged more than 24 hours on each of four different days, and that he charged 15 hours or more on each day for an additional 11 days. He also admitted allegations in a second count that he charged more than 24 hours per day on three different days and 15 hours or more each day for an additional 25 days.
He also acknowledged failing to communicate the scope of his representation and the basis of his fee with one client. But he did not admit wrongdoing for failing to file a divorce case for another client who paid him more than $3,225. He said the failure to file was due to the client’s indecision.
For this billing… snafu, Tyson was suspended from practice for three years. But in a separate ethics case Tyson was disbarred. The allegations that led to his disbarment were not made public as a condition of agreeing to the license annulment.
See Also: Lawyer Billed 29-Hour Day To The Same Client And Didn’t Expect to Get Caught
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
