VIRGINIA STATE BAR EX REL
EIGHTH DISTRICT COMMITTEE,
v. Chancery No. 00-1064
BARRY L. FLORA,
This matter came to be heard on February 23, 2001 upon an Agreed Disposition between the Virginia State Bar, the Respondent, Barry L. Flora, and the Respondent's counsel, William B. Hopkins, Jr., Esquire.
The matter was previously scheduled to be heard in open court on February 22, 2001 by a duly-convened, Three-Judge Court, appointed pursuant to Section 54.1-3935, Code of Virginia, as amended. The case was called; however, because of inclement weather, only the Respondent, his counsel, and the Honorable James C. Roberson, Judge, were present. The matter was continued to February 23, 2001, and heard at that time by the full Three-Judge Court in a telephone conference call. The Respondent, Barry L. Flora, was present throughout the proceedings with his counsel, William B. Hopkins, Jr., Esquire. Edward L. Davis, Assistant Bar Counsel, appeared on behalf of the Virginia State Bar.
Upon due deliberation, it is the decision of this Court to accept the Agreed Disposition. The Stipulations of Fact, Disciplinary Rule Violations, and Disposition agreed to by the Virginia State Bar, the Respondent and his counsel are attached hereto and incorporated herein.
Accordingly, it is ORDERED that the license of Barry L. Flora to practice law in the Commonwealth of Virginia be, and the same is, hereby SUSPENDED for a period of thirty days, effective the 24th day of February, 2001, subject to the following terms and conditions:
The Respondent, Barry L. Flora, is placed on probation for a period of one (1) year, said period to begin on the date of the entry of this Order. Mr. Flora will engage in no professional misconduct as defined by the Virginia Rules of Professional Conduct during the probationary period. Any final determination of misconduct determined by any District Committee of the Virginia State Bar, the Disciplinary Board, or a three-judge court to have occurred during such period will be deemed a violation of the terms and conditions of this Agreed Disposition and will result in the imposition of an additional one year and 11-month suspension of his license to practice law as an alternate sanction. The alternate sanction will not be imposed while Mr. Flora is appealing any adverse decision which might result in a probation violation.
The imposition of the alternate sanction will not require a hearing before the three-judge court on the underlying charges of misconduct stipulated herein if the Virginia State Bar discovers that the Respondent has violated any of the foregoing terms and conditions. Instead, the Virginia State Bar shall issue and serve upon the Respondent a Notice of Hearing to Show Cause why the alternate sanction should not be imposed. The sole factual issue will be whether the Respondent has violated the terms of the Agreed Disposition or this Order without legal justification or excuse. The imposition of the alternate sanction shall be in addition to any other sanctions imposed for misconduct during the probationary period.
Pursuant to Part Six, Section IV, Paragraph 13(K)(10) of the Rules of the Supreme Court, the Clerk of the Disciplinary System shall assess costs.
It is further ORDERED, pursuant to the provisions of Part Six, Section IV,
Paragraph(13)(K)(1) of the Rules of the Supreme Court of Virginia, that the Respondent shall forthwith give notice, by certified mail, return receipt requested, of the suspension of his license to practice law in the Commonwealth of Virginia to all clients for whom he is currently handling matters and to all opposing attorneys and presiding judges in pending litigation. The Respondent shall also make appropriate arrangements for the disposition of matters then in his care, in conformity with the wishes of his clients. The Respondent shall give such notice within 14 days of the effective date of the suspension order, and make such arrangements as are required herein within 45 days of this effective date of the suspension order. The Respondent shall furnish proof to the Bar within 60 days of the effective date of the suspension order that such notices have been timely given and such arrangements for the disposition of matters made. Issues concerning the adequacy of the notice and the arrangement required herein shall be determined by the Virginia State Bar Disciplinary Board, which may impose a sanction of revocation or suspension for failure to comply with the requirements of this subparagraph.
The Court Reporter who transcribed the proceedings was Kurt Hruneni, Cavalier Reporting, 677 Berkmar Circle, Charlottesville, Virginia 22901, (804) 293-3300.
A copy teste of this order shall be served upon this Respondent, Barry L. Flora, by certified mail, return receipt requested, at 4227 Colonial Avenue, SW, Roanoke, Virginia 24018-0184, his address of record with the Virginia State Bar; and by regular mail to his counsel, William B. Hopkins, Jr., at Martin, Hopkins and Lemon, P.C., Post Office Box 13366, Roanoke, Virginia 24033-3366; and to Edward L. Davis, Assistant Bar Counsel, Assistant Bar Counsel, at the Virginia State Bar, Eighth and Main Building, Suite 1500, 707 East Main Street, Richmond, Virginia 23219.
ENTER: / / 01.
J. Michael Gamble, Chief Judge
Three Judge Court
James C. Roberson, Judge Charles L. McCormick, III, Judge
I ASK FOR THIS:
Edward L. Davis, Esquire
Counsel for Complainant
SEEN AND AGREED:
William B. Hopkins, Jr.
Counsel for the Respondent
Go to Agreed Disposition