BEFORE THE SECOND DISTRICT COMMITTEESECTION
OF THE VIRGINIA STATE BAR
IN THE MATTER OF VSB Docket No. 97-021-1218
IRVIN WILLIAM CUBINE, II
DISTRICT COMMITTEE DETERMINATION
On August 9, 2001, a hearing in this
matter was held before a duly convened panel from the Second District CommitteeSection
I, consisting of Afshin Farashahi, Esquire, Ms. Darnell B. Fulton, lay member,
LaRhonda Jean Carter, Attorney at Law, Ray Webb King, Esquire, Mr. Kurt M. Rosenbach,
lay member, Croxton Gordon, Esquire, Mr. Robert W. Carter, lay member, and William
Hanes Monroe, Jr., Esquire, Chair presiding. The bar appeared by its Assistant
Bar Counsel Paul D. Georgiadis. The Respondent failed to appear.
Pursuant to Virginia Supreme Court
Rules of Court Part Six, Section IV, Paragraph 13(B)(7) and Council Rule of
Disciplinary Procedure V, the Second District Committee, Section I, of the
Virginia State Bar hereby serves upon the Respondent, Irvin William Cubine,
II, the following Public Reprimand.
I. FINDINGS OF FACT
1. At all times material to these
allegations, the Respondent, Irvin William Cubine, II, hereinafter "Respondent",
has been an attorney licensed to practice law in the Commonwealth of Virginia.
2. On June 15, 1998, a Subcommittee
of the Second District CommitteeSection I, issued a Dismissal with Terms
upon Respondent for his failure to fulfill his duties as closing attorney in
a real estate transaction that occurred on March 19, 1996. The Subcommittee
found that Respondent failed to provide an original recorded Deed of Trust and
the original final title policy to the lender for over six months after the
closing occurred. Accordingly, the Subcommittee imposed a term of discipline
requiring Respondent to enroll and attend a law office management course approved
for at least four (4) hours of Continuing Legal Education ("C.L.E.") credits,
to be completed by December 15, 1998.
3. Although the bar reminded Respondent
of his duty to fulfill said terms and provided him with information about appropriate
CLE courses, Respondent failed to enroll and attend a C.L.E. course to fulfill
4. On July 6, 2000, a Subcommittee from the Second District Committee-- Section
I, served upon Respondent an agreed disposition of Private Reprimand with Terms,
which Respondent accepted. The terms required the same CLE enrollment and attendance
of four (4) hours of C.L.E. in law office management to be completed and certified
to the bar on or before August 11, 2000.
5. The Terms further provided that
if the terms and conditions were not met by August 11, 2000, the "subcommittee
shall impose the alternate sanction of a Public Reprimand."
6. At no time, including on or before
August 11, 2000, has Respondent certified his compliance with the aforesaid
Terms of C.L.E. enrollment and attendance.
7. On May 23, 2001, the bar issued
a Notice of Show Cause Hearing upon Respondent advising of the August
9, 2001 hearing. Respondent signed for the Notice on May 24, 2001.
8. In spite of such notice, Respondent
failed to appear at his hearing on August 9, 2001 and failed to give notice
of his unavailability for said hearing.
II. NATURE OF MISCONDUCT
Such conduct on the part of Respondent
constitutes misconduct in violation of the following Disciplinary Rules of the
Virginia Code of Professional Responsibility:
DR 6-101. Competence and Promptness.
(A) A lawyer shall undertake representation only in matters in which:
(1) The lawyer can act with competence and demonstrate the specific legal knowledge,
skill, efficiency, and thoroughness in preparation employed in acceptable practice
by lawyers undertaking similar matters, or
(2) The lawyer has associated with another lawyer who is competent in those
III. IMPOSITION OF PUBLIC REPRIMAND
Accordingly, it is the decision of
the Committee to impose a Public Reprimand on Respondent, Irvin William Cubine,
II, and he is so reprimanded. The Committee further notes that in issuing this
Public Reprimand, it is carrying out the alternative sanction of the July 6,
2000 Order of the Subcommittee and is constrained from imposing further discipline
in this matter.
Pursuant to Virginia Supreme Court
Rules of Court Part 6, Section IV, ¶ 13(K)(10), the Clerk of the Disciplinary
System shall assess costs.
Second District Committee--Section I
Of the Virginia State Bar
William Hanes Monroe, Jr
CERTIFICATE OF SERVICE
I certify I have this the _____ day
of _____________, 2001, mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
a true and complete copy of the District Committee Determination (Public Reprimand)
to Irvin William Cubine,II to 228 N. Donnawood Drive, Virginia Beach, Virginia
23452, his last address of record with the Virginia State Bar.
Assistant Bar Counsel