IN THE MATTER OF
WILLIAM ELLIOTT MOORMAN, III
VSB Docket Nos.: 01-061-0641
This matter came on December 20, 2001 to be heard on the Agreed Disposition of the Virginia State Bar and the Respondent, based upon the Certification of the Sixth District, Section One Subcommittee. The Agreed Disposition was considered by a duly convened panel of the Virginia State Bar Disciplinary Board consisting of Joseph R. Lassiter, Jr., Thaddeous T. Crump, Robert L. Freed, Peter A. Dingman, and John A. Dezio, presiding.
Charlotte P. Hodges, representing the bar and Joseph R. Caprio representing the Respondent, presented an endorsed Agreed Disposition reflecting the terms of the Agreed Disposition. The Board incorporated two minor changes which were ratified by Assistant Bar Counsel and Counsel for Respondent.
Having considered the Agreed Disposition, it is the decision of the board that the Agreed Disposition be accepted with the two minor changes incorporated herein, and the Virginia State Bar Disciplinary Board finds by clear and convincing evidence as follows:
1. At all times relevant hereto, the Respondent, William Elliott Moorman, (hereinafter Moorman or Respondent), has been an attorney licensed to practice law in the Commonwealth of Virginia.
The Disciplinary Board finds by clear and convincing evidence that such conduct on the part of William Elliott Moorman, III constitutes a violation of the following Rules of the Virginia Code of Professional Responsibility:
DR 1-102. Misconduct.
(A) A lawyer shall not:
(3) Commit a crime or other deliberately wrongful act that reflects adversely on the lawyer's fitness to practice law.
DR 2-108. Terminating Representation.
(A) Except as stated in paragraph (C), a lawyer shall withdraw from representing a client if:
(1) Continuing the representation will result in a course of conduct by the lawyer that is illegal or inconsistent with the Disciplinary Rules; or
(2) The lawyer's physical or mental condition materially impairs the lawyer from adequately representing the client.
Upon consideration hereof, it is ORDERED that Respondent comply with the following terms:
If Respondent fails to fulfill any of the terms outlined in the Agreed Disposition, he will agree to enter into an agreed disposition for a Disability Suspension.
This hearing was tape recorded by the Department of Information and Technology.
It is 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 his 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 Attorney shall also make appropriate arrangements for the disposition of matters then in his care in conformity with the wishes of his client. The Attorney shall give such notice within fourteen (14) days of the effective date of the suspension order, and make such arrangements as are required herein within forty-five (45) days of the effective date of the suspension order. The Attorney shall furnish proof to the bar within sixty (60) days of the effective date of the suspension order that such notices have been timely given and such arrangement for the disposition of matters made. Issues concerning the adequacy of the notice and arrangements required herein shall be determined by the Disciplinary Board, which may impose a sanction of revocation or suspension for failure to comply with the requirements of this subparagraph.
It is further ORDERED that William Elliott Moorman, III, shall furnish true copies of all of the notice letters sent to all persons notified of the suspension with the original return receipts for said notice letters, to the Clerk of the Disciplinary System, on or before February 18, 2002.
Pursuant to Part Six, ßIV, 13(K)(10) of the Rules of the Supreme Court of Virginia, 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, at his address of record with the Virginia State Bar, P.O. Box 57, Gloucester, Virginia 23061, and to Joseph Rocco Caprio, Respondent's Counsel, Box 6, West Point,
Virginia 23181, and hand delivered to Charlotte P. Hodges, Assistant Bar Counsel, Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, Virginia 23219.
Enter this Order this day of , 2002.
VIRGINIA STATE BAR DISCIPLINARY BOARD
John A. Dezio, First Vice Chair