VIRGINIA:



BEFORE THE THIRD DISTRICT, SECTION III SUBCOMMITTEE

OF THE VIRGINIA STATE BAR



IN THE MATTER OF

LEARNED DAVIS BARRY

VSB Docket No. 02-033-3307


SUBCOMMITTEE DETERMINATION

(PUBLIC REPRIMAND WITH TERMS)


On June 19, 2002, a meeting in this matter was held before a duly convened Third District Subcommittee consisting of Barbara Ann Williams, Bar Counsel for the Virginia State Bar, Craig S. Cooley, Respondent's counsel, Thomas O. Bondurant, Jr., Esquire, Andrew J. Gibb, and Cynthia A. S. Cecil, Esquire, presiding.

Pursuant to Part 6, §IV, ¶13(B)(5)(c)(ii)(d) of the Rules of the Supreme Court, the Third District Subcommittee of the Virginia State Bar hereby served upon the Respondent the following Public Reprimand with Terms:

I. FINDINGS OF FACT
1. The respondent Learned Davis Barry was admitted to the practice of law in the Commonwealth of Virginia on May 21, 1974.

2. At all relevant times to this proceeding, Mr. Barry was an attorney licensed and in good standing to practice law in the Commonwealth of Virginia.


II. NATURE OF MISCONDUCT



Bar Counsel, the respondent, and respondent's counsel agree that the above findings of fact gave rise to a finding of violation of the following Rule of Professional Conduct:



RULE 8.4 Misconduct



It is professional misconduct for a lawyer to:

* * *

* * *



III. PUBLIC REPRIMAND WITH TERMS



Accordingly, it is the decision of the subcommittee to offer the Respondent an opportunity to comply with certain terms and conditions, compliance with which will be a predicate for the disposition of a Public Reprimand with Terms of this complaint:



2. Mr. Barry shall comply fully with the terms of a Rehabilitation/Monitoring

Agreement that he entered into with Lawyers Helping Lawyers on June 17, 2002.



Lawyers to communicate with the Virginia State Bar on a quarterly basis through June 19, 2003, and for any therapists, counselors or medical providers with whom he consults or by whom he is treated to, upon request, produce his records and communicate with the Virginia State Bar.



Upon satisfactory proof that such terms and conditions have been met, this matter shall be closed. As part of the necessary proof, Mr. Barry shall present to the Virginia State Bar evidence in writing that the petit larceny charge has been nol prossed. Mr. Barry's failure to comply with any one or more of the agreed terms and conditions will result in the imposition of the alternative sanction of a two year suspension. The imposition of the alternative sanction shall not required any hearing on the underlying charges of Misconduct, if the Virginia State Bar discovers that Mr. Barry has failed to comply with any of the agreed terms or conditions. In that event, the Virginia State Bar shall issue and serve upon Mr. Barry a Notice of Hearing to Show Cause why the alternative sanction should not be imposed. The sole factual issue will be whether Mr. Barry has violated one or more of the terms of the Public Reprimand without legal justification or excuse. The imposition of the alternative sanction shall be in addition to any other sanction imposed for misconduct during the probationary period.

THIRD DISTRICT SUBCOMMITTEE

OF THE VIRGINIA STATE BAR







By________________________________

Cynthia A. S. Cecil

Subcommittee Chair





CERTIFICATE OF SERVICE



I certify that I have this _____ day of ____________________, 2002, mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true, correct and executed copy of the Subcommittee Determination (Public Reprimand with Terms) to Learned D. Barry, Esquire, 5312 Tuckahoe Avenue, Richmond, Virginia 23226, his last address of record with the Virginia State Bar, and to his counsel, Craig S. Cooley, P.O. Box 7268, Richmond, Virginia 23221-0268.









________________________________ Barbara Ann Williams

Bar Counsel

 









































































PERSONAL AND CONFIDENTIAL





CERTIFIED MAIL

RETURN RECEIPT REQUESTED

NO. 7000 0600 0022 8269 3324



Learned D. Barry, Esquire

5312 Tuckahoe Avenue

Richmond, Virginia 23226



Re: In the Matter of Learned Davis Barry

VSB Docket No. 02-033-3307



Dear Mr. Barry:



Enclosed herein is a Subcommittee Determination (Public Reprimand with Terms) which is being served upon you by the Third District, Section III Subcommittee of the Virginia State Bar.



Pursuant to Part 6, IV, 13 (B)(5)(c)(ii) of the Rules of the Supreme Court, if you fail to comply with the terms within the time period indicated in the Subcommittee Determination, the alternative disposition shall be imposed.



Very truly yours,







Cynthia A. S. Cecil

Subcommittee Chair



/ge



Enclosure

Learned D. Barry, Esquire

Page 2

June 20, 2002









cc: Craig S. Cooley, Respondent's Counsel (w/encl.)

Barbara Ann Williams, Bar Counsel (w/encl.)

Edwin A. Bischoff, Committee Chair (w/encl.)

Michael N. Herring, Committee Secretary (w/encl.)

Clerk of the Disciplinary System

June 20, 2002



PERSONAL AND CONFIDENTIAL







Cynthia A. S. Cecil, Esquire

Hunton & Williams

951 East Byrd Street

Richmond, Virginia 23219-4074



Re: In the Matter of Learned Davis Barry

VSB Docket No. 02-033-3307



Dear Ms. Cecil:



As a result of our subcommittee meeting yesterday, enclosed is a draft Subcommittee Determination (Public Reprimand with Terms) and the appropriate cover letter to the Respondent. If the pleading and letter meets with your approval, please endorse and return the documents back to me for distribution.



If you have any questions, please do not hesitate to contact me.



Very truly yours,







Barbara Ann Williams

Bar Counsel



BAW/ge



Enclosures