Virginia attorney suspended by state bar disciplinary board for urging his client to lie in court

SALEM, Va. (WRIC) -- An attorney from Salem had his license suspended by the Virginia State Bar Disciplinary Board for encouraging his client to lie in court.

The Virginia State Bar Disciplinary Board issued a 10-month suspension to the license of M. Brandon Ayers on Dec. 18, 2025.

On Feb. 5, 2024, a woman hired Ayers to represent her in a custody and visitation case. A few days before their court date, Ayers met with his client, where they agreed that it would help their case if it were delayed.

According to the board's order, Ayers advised the woman to claim she was sick so that he could request a continuance of the case.

After the meeting, the woman recorded a phone call with Ayers, where she voiced her concern about getting into trouble for "the plan," where she would lie to the court by saying she was sick.

"[The plan] is a little shady," Ayers is quoted as saying in the disciplinary board's order. "They're playing shady. We'll play shady back. That's how I can justify that."

The woman continued to repeatedly express her concern about the plan, but Ayers insisted that "certainly you don't lie to the court … but it happens every damn day. ... Saying this out loud makes me very uncomfortable myself. It's not ethical, it's not legal."

The order indicates Ayers later advised her to go to a doctor's office and lie about symptoms to receive a note from a doctor to excuse her.

"You can go check in, say 'I've been pooping my butt off, and I've been throwing
up,' and they'll give you some nausea medicine, and they'll write you a note, and that's all we
need," Ayers said.

The woman later said that she wanted to hire new representation and Ayers then refunded her the full amount of her advanced fee.

On March 4, 2025, the woman filed a complaint with the bar that Ayers was unprepared to represent her, so he insisted she lie to the court.

Ayers denied that he told his client to lie in court. However, when she provided the recorded phone call, he said that he "did make affirmations suggesting Ms. Jones should go ahead and call in sick, that would likely be fine."

Ayers' license was then suspended for 10 months, beginning on Dec. 18, 2025.