VIRGINIA:

BEFORE THE SECOND DISTRICT COMMITTEE­SECTION I
OF THE VIRGINIA STATE BAR


IN THE MATTER OF VSB Docket No. 97-021-1218
IRVIN WILLIAM CUBINE, II


DISTRICT COMMITTEE DETERMINATION
(PUBLIC REPRIMAND)

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 his terms.
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 matters.

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



By
William Hanes Monroe, Jr
Chair Presiding





















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