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or DR 9-102(B)(4) of the Code of Professional Responsibility [Rules of Court, Part Six, II, repealed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