IN THE MATTERS OF
GEORGE ALEXANDER WEIMER, JR.
VSB Docket Nos.: 99-031-1009
This matter came on November 16, 2000 to be heard on the Agreed Disposition of the Virginia State Bar and the Respondent, based upon the Certification of the Third District, Section One Subcommittee. The Agreed Disposition was considered by a duly convened panel of the Virginia State Bar Disciplinary Board consisting of David S. Barnhill, Richard J. Colten, Robert L. Freed, Chester J. Cahoon, Jr., and William M. Moffet, presiding.
Charlotte P. Hodges, Esquire, representing the bar and the pro se Respondent, presented an endorsed Agreed Disposition reflecting the terms of the Agreed Disposition.
Having considered the Agreed Disposition, it is the decision of the board that the Agreed Disposition be accepted, and the Virginia State Bar Disciplinary Board finds by clear and convincing evidence as follows:
1. At all times relevant hereto, the Respondent, George Alexander Weimer, Jr., (hereinafter "Mr. Weimer"), has been an attorney licensed to practice law in the Commonwealth of Virginia.
2. During approximately November, 1997, Mr. Weimer was hired by the Complainant, Mark F. Presley (hereinafter "Mr. Presley"), to represent him in a criminal matter. After Mr. Weimer concluded his representation of Mr. Presley, Mr. Presley's wife, Kimberly Presley (hereinafter "Mrs. Presley"), began working for Mr. Weimer as a paralegal during approximately May, 1998.
3. On or about May 19, 1998, Mr. Weimer assisted Mr. Presley in a workers' compensation matter. In addition, Mr. Weimer assisted Mr. Presley in obtaining insurance coverage for a medical condition that Mr. Presley had.
4. Mr. Weimer also represented Mr. and Mrs. Presley with regard to the sale of their house and the real estate closing during approximately July, 1998.
5. From approximately June, 1998 until on or about September 7, 1998, Mr. Weimer had a sexual affair with Mrs. Presley, without Mr. Presley's knowledge or consent.
The Board finds by clear and convincing evidence that such conduct on the part of George Alexander Weimer 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 5-101. Refusing Employment When the Interests of the Lawyer May Impair His Independent Professional Judgment.
(A) A lawyer shall not accept employment if the exercise of his professional judgment on behalf of his client may be affected by his own financial, business, property, or personal interests, except with the consent of his client after full and adequate disclosure under the circumstances.
DR 7-101. Representing a Client Zealously.
(A) A lawyer shall not intentionally:
(3) Prejudice or damage his client during the course of the professional relationship, except as required under DR 4-101(D).
Upon consideration hereof, it is ORDERED that the Respondent shall be suspended from the practice of law for a period of nine (9) months beginning February 1, 2001, and shall not take on any new clients as of November 16, 2000 who have not already retained Respondent and paid him a fee for his services. Respondent shall also forward a letter immediately to the Clerks of the Courts in which he practices, requesting that he be removed from their appointment lists.
The court reporter for this hearing was Donna Chandler of Chandler and Halasz Court Reporters, P.O. Box 9349, Richmond, Virginia 23227, (804)730-1222.
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 last address of record with the Virginia State Bar and to Assistant Bar Counsel.
Enter this Order this day of , 2000.
VIRGINIA STATE BAR
William M. Moffet
1st Vice Chair