VIRGINIA:

 

            IN THE CIRCUIT COURT FOR THE CITY OF FREDERICKSBURG

 

 

IN THE MATTER OF                                                           CASE NO.: CL 03-132

 

ROBERT HARDIN DEADERICK, JR.

 

 

ORDER

 

            On Friday, August 8, 2003, came on for hearing the Complaint of the Virginia State Bar.  The matter was tried before Thomas N. Nance, Judge; Joseph F. Spinella, Judge; and Lydia Calvert Taylor, designated Chief Judge.  Harry M. Hirsch appeared as counsel for the Virginia State Bar.  Robert Hardin Deaderick, Jr. appeared in person and with counsel, Michael L. Rigsby.

                  The Court heard testimony, received documentary evidence, and considered the closing argument of counsel, whereupon the Court adjourned to deliberate. The Court then returned and announced its decision as follows:

1.              that the conduct in issue occurred prior to January 1, 2000, that Rules 1.8, 1.15 and 8.4 of the Rules of Professional Conduct [Rules of Court, Part Six, II] were adopted effective January 1, 2000, and that the Complaint, as related to these Rules, should be dismissed.

2.              that the bar did not prove by clear and convincing evidence violations of DR 1-102(A)(3) and (4), DR 2-105(A), DR 5-101(A), DR 5-104(A), DR 6-101(C) or DR 9-102(B)(4) of the Code of Professional Responsibility  [Rules of Court, Part Six, II, repealed effective January 1, 2000] and that the Complaint, as related to these Disciplinary Rules, should be dismissed.

3.              that Mr. Deaderick failed to preserve the identity of a clients funds, thus being out of trust, on several dates over a seven month period in 1998 and 1999, and that such conduct constituted a violation of DR 9-102(A). 

The Court then heard evidence and argument regarding the sanction to be imposed and again adjourned to deliberate.  The Court returned and announced that it would impose an Admonition, pursuant to the Rules of Court, Part Six, IV, 13I.2.f.

Accordingly, IT IS ORDERED, that Mr. Deaderick be, and he is hereby, ADMONISHED for negligently violating DR 9-102(A) of the Code of Professional Responsibility.

IT IS FURTHER ORDERED that the Complaint of the Virginia State Bar alleging violations of Rule 1.8, 1.15, and 8.4 of the Rules of Professional Conduct and DR 1-102(A)(3) and (4), DR 2-105(A), DR 5-101(A), DR 5-104(A), DR 6-101(C) and DR 9-102(B)(4) of the Code of Professional Responsibility be, and the same is, hereby dismissed.

Costs are assessed in accordance with Rules of Court, Part Six, IV, 13.B.8., for the one charge that was not dismissed.

The court reporter who transcribed these proceedings was L. Kay Dudenhefer, business phone 540.372.6874.

Let the Clerk send a copy of this Order to all counsel of Record and to the Clerk of the Disciplinary System, Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, Va. 23219.

                 

 

 

___________________                                                                                        _________________________

Date                                                                                                                                    Lydia Calvert Taylor,

                                                                                                                                                Chief Judge

 

 

 

 

 

 

WE ASK FOR THIS:

 

ROBERT HARDIN DEADERICK, JR.

 

By ________________________

Michael L. Rigsby

CARRELL RICE & RIGSBY

7275 Glen Forest Drive

Suite 309

Richmond, Va. 23226

 

                                    Counsel

 

 

SEEN AND OBJECTED TO:

 

 

VIRGINIA STATE BAR

 

 

By ________________________

                  Harry M. Hirsch

                  Deputy Bar Counsel

                  Virginia State Bar

                  707 East Main Street

                  Suite 1500

                  Richmond, Va. 23219  

                   

                                    Counsel