Aila Boyd
aboyd@mainstreetnewspapers.com
A Salem attorney has been suspended from practicing law in Virginia for 10 months following disciplinary action by the Virginia State Bar stemming from conduct in a custody and visitation case.
Marc Brandon Ayers, of The Law Office of M. Brandon Ayers LLC, was suspended effective Dec. 12, 2025, after the Virginia State Bar Disciplinary Board approved an agreed disposition in the matter. The case is identified as Virginia State Bar Docket No. 25-080-134876.
According to the agreed disposition and disciplinary findings, Ayers violated multiple Rules of Professional Conduct, including those governing the scope of representation, fairness to opposing parties and counsel, bar admission and disciplinary matters, and professional misconduct.
The disciplinary action arose from Ayers’ representation of a client in a custody and visitation matter in early 2024. Findings state that Ayers advised the client to pretend to be ill in order to obtain a continuance of a scheduled court hearing, despite acknowledging during recorded conversations that the plan was unethical and improper.
During a recorded phone call cited in the findings, Ayers discussed what he referred to as a “plan” for the client to claim illness to avoid appearing in court and suggested the likelihood of consequences was low. He also advised the client that she could visit a doctor and fabricate symptoms in order to obtain a note to support the request for a continuance, according to the disciplinary record.
The client repeatedly expressed discomfort with the plan and ultimately chose not to proceed. Ayers later withdrew from the case, refunded the client’s fee, and both appeared in court on the scheduled hearing date.
The matter came to the attention of the Virginia State Bar through a complaint filed in March 2025. During the investigation, Ayers initially denied counseling the client to misrepresent her condition to the court. However, the disciplinary findings state that a recording of the phone call contradicted those statements. In a later affidavit, Ayers acknowledged making statements suggesting the client should call in sick.
The disciplinary board found that Ayers’ conduct involved dishonesty, fraud, deceit or misrepresentation and reflected adversely on his fitness to practice law. As part of the agreed disposition, Ayers accepted a 10-month suspension of his license to practice law in the Commonwealth.
Under the order, Ayers is required to notify current clients, opposing counsel and presiding judges of his suspension and make arrangements for the disposition of any active cases. He must also certify compliance with those requirements to the Virginia State Bar.
The Law Office of M. Brandon Ayers LLC is located at 209 S. College Ave. in Salem. The Virginia State Bar does not provide additional comment in cases resolved through agreed dispositions. Ayers did not return a request for comment by press time.
