VIRGINIA:


BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD



IN THE MATTER OF

ARTHUR C. ERMLICH

VSB Docket No. 02-021-0046 (Kern)

ORDER OF SUSPENSION OF 30 DAYS


This matter was certified to the Virginia State Bar Disciplinary Board ("Board") by the Second District Committee, Section I, and were set for hearing on October 24, 2003 before a duly convened panel. On October 20, 2003, this matter was presented for approval of an agreed disposition to a duly convened panel consisting of Robert L. Freed, Esquire, Chair, Peter A. Dingman, Esquire, Robert E. Eicher, Esquire, David R. Schultz, Esquire, and Mr. Thaddeus T. Crump, lay member.

Pursuant to Virginia Supreme Court Rules of Court Part 6, Section IV, ¶ 13B5c., the Virginia State Bar, by Paul D. Georgiadis, Assistant Bar Counsel, and the Respondent, by counsel Robert F. Haley, II, entered into a proposed agreed disposition and presented it to the convened panel.

The Chair polled the panel members to determine whether any member had a personal or financial interest in this matter that might affect or reasonably be perceived to affect his or her ability to be impartial in this proceeding. Each member, including the Chair, verified that they had no conflicts.



I. FINDINGS OF FACT



II. NATURE OF MISCONDUCT


The Board finds that such conduct on the part of the Respondent violates the following Discipline Rules and Rules of Professional Conduct:

DR 9-102. Preserving Identity of Funds and Property of a Client.

(A) All funds received or held by a lawyer or law firm on behalf of a client, estate or a ward, residing in this State or from a transaction arising in this State, other than reimbursement of advances for costs and expenses, shall be deposited in one or more identifiable trust accounts and, as to client funds, maintained at a financial institution in a state in which the lawyer maintains a law office, and no funds belonging to the lawyer or law firm shall be deposited therein except as follows:

...

(B) A lawyer shall:

(4) Promptly pay or deliver to the client or another as requested by such person the funds, securities, or other properties in the possession of the lawyer which such person is entitled to receive.


RULE 1.15 Safekeeping Property

(b) When in the course of representation a lawyer is in possession of property in which both the lawyer and another person claim interests, the property shall be kept separate by the lawyer until there is an accounting and severance of their interests. If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved.

(c) A lawyer shall:



IMPOSITION OF SANCTION OF

SUSPENSION OF THIRTY (30) DAYS


The Board, having considered all evidence before it and having considered the nature of the Respondent's actions, and having considered the Respondent's disciplinary record, ORDERS pursuant to Part 6, Sec. IV, Para. 13I 2f.(d) of the Rules of the Virginia Supreme Court that the license of the Respondent, Arthur C. Ermlich, to practice law in the Common-wealth of Virginia be, and the same is, hereby suspended for thirty days (30) days, effective September 28, 2005, running consecutive to his current three year suspension.

It is further ORDERED that Respondent must comply with the requirements of Part 6, Section IV, Paragraph 13.M., of the Rules of the Supreme Court of Virginia. The time for compliance with said requirements runs from the date of this Order. All issues concerning the adequacy of the notice and arrangements required by the Order shall be determined by the Board, unless Respondent timely demands the matter be adjudicated by a three judge circuit court panel. Pursuant to Part 6, Sec. IV, Para. 13.B.8.c. of the Rules, the Clerk of the Disciplinary System shall assess costs.

It is further ORDERED that a copy teste of this Order shall be mailed by certified mail, return receipt requested, to the Respondent, Arthur C. Ermlich, P.O. Box 6972, Virginia Beach, Virginia, 23456, his last address of record with the Virginia State Bar; by first class mail, postage prepaid, to his counsel of record, Robert F. Haley, II, Marcari, Russotto, & Spencer, P.C., ; and hand delivered to Paul D. Georgiadis, Assistant Bar Counsel, Virginia State Bar, Eighth & Main Building, Suite 1500, 707 East Main Street, Richmond, Virginia 23219- 2800.

Terry Griffith, Chandler and Halasz, Inc., Court Reporters, P.O. Box 9349, Richmond, Virginia 23227, 804/730-1222, was the reporter for the hearing and transcribed the proceedings.

 

ENTERED this day of October, 2003.

VIRGINIA STATE BAR DISCIPLINARY BOARD

By: _____________________________________ Robert L. Freed, Chair