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Disciplinary Actions Taken by the
Virginia State Bar
January
2001–Present
June
19, 2001
James
Charles DeWees, Suite 202, 116 North 3rd
Street, Richmond, Virginia 23219
VSB
Docket Nos. 00-033-0600, 01-033-0171, 01-033-0404
and 01-033-0539
James
Charles DeWees petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in
Virginia with disciplinary charges pending on June
6, 2001. The board accepted the petition and revoked
his license on June 8, 2001. Summaries of the charges
will be forwarded to the Virginia Supreme Court.
June
19, 2001
Raymond
Charles Nugent, Suite 201, 1217 Laskin Road, Virginia
Beach, Virginia 23451
VSB
Docket Nos. 99-021-2743, 00-021-0599, 00-021-0757,
00-021-2262 and 01-021-0218
Raymond
Charles Nugent petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in
Virginia with disciplinary charges pending on June
8, 2001. The board accepted the petition and revoked
his license on June 11, 2001. Summaries of the charges
will be forwarded to the Virginia Supreme Court.
June
19, 2001
Jane
Laury Freedlund Wagner, 6100 Princeton Avenue, Glen
Echo, MD 20812
VSB
Docket No. 01-000-1086
Jane Laury Freedlund Wagner petitioned the Virginia
State Bar Disciplinary Board to surrender her license
to practice law in Virginia with disciplinary charges
pending on June 7, 2001. The board accepted the petition
and revoked her license on June 8, 2001. Summaries
of the charges will be forwarded to the Virginia Supreme
Court.
June
19, 2001
Robert
Larry Lambert, 335 South Witchduck Road, Virginia
Beach, Virginia 23462-3645
VSB
Docket Nos. 99-022-0899, 99-022-3024, 00-022-2237
and 00-022-2475
Pursuant
to an Agreed Disposition, R. L. Lambert
received a Public Reprimand with Terms from the Second
District Subcommittee, Section II of the Virginia
State Bar. On June 14, 2001, the subcommittee found
Mr. Lambert in violation of Disciplinary Rules that
require lawyers to ensure compliance by non-lawyer
employees with the Code of Professional Responsibility,
to be responsible for the work performed by non-lawyer
personnel, to preserve client funds, and to keep specified,
accurate records regarding those funds.
Mr.
Lambert permitted a longtime friend and paralegal
to establish a real estate practice in his office.
He failed to adequately supervise the real estate
practice and failed to require that the paralegal
keep necessary records. Subsequently, the paralegal
embezzled funds in excess of $800,000 from real estate
closings before committing suicide. Upon discovery
of the embezzlement, Mr. Lambert took full responsibility
for the losses and sold personal assets to cover those
losses.
May
21, 2001
Walter
Ballard Harris, Suite 6, 3831 Old Forest Road,
Lynchburg, VA 24501
VSB
Docket No. 00-090-2305
Walter
Ballard Harris received a Public Reprimand by agreed
disposition from a subcommittee of the Ninth District
Committee of the Virginia State Bar. The committee
found that Mr. Harris did not attend promptly to a
legal matter and did not keep his clients adequately
informed. In February 1998, Mr. Harris was retained to
pursue a claim against a Lynchburg automobile dealer.
From March through June, 1998, Mr. Harris investigated
the claim, presented it to defense counsel, and made
an unsuccessful demand for settlement. He, however,
did not respond to the clients' telephone calls and
letters inquiring about the status of their claim. On
December 3, 1999, Mr. Harris wrote a letter to the
defense counsel with a copy to the clients, indicating
that he would set the case for trial at the January
docket call. Notwithstanding the letter, he failed to
take any formal action. He also failed to advise the
clients about the legal status of their claim,
including the statute of limitations.
May
21, 2001
Robert
Michael Short, Trapeni, Romero & Morrison, PC,
Suite 400, 11166 Main Street, Fairfax, VA 22030
VSB
Docket No. 01-052-1365
On May 9,
2001, the Fifth District Committee, Section II, of the
Virginia State Bar issued a Public Reprimand with
Terms to Robert Michael Short.
Mr. Short
represented the estate of the victim of a fatal
automobile accident and his minor daughter. The
wrongful death action was settled and a final order
entered on November 6, 1998. The order required the
administrator of the estate to distribute $9,362.50 to
the clerk of the Circuit Court of Fairfax County to be
held for the minor child. The administrator forwarded
the payment to Mr. Short as the minor child's
attorney. On or about November 24, 1998, Mr. Short
attempted to deposit the money with the clerk, but
learned that he had to obtain an order from the court
requiring the clerk to accept the funds. Mr. Short
placed the check in the client's file and did not take
any further action despite inquiries from the child's
mother, her attorney, and an investigator for the
Virginia State Bar. In March 2001, after being
contacted by a senior assistant bar counsel, Mr. Short
finally filed a petition with the Fairfax County
Circuit Court, obtained the necessary order, and
deposited the funds with the clerk.
May 15, 2001
Robert B. Machen, 4326 K Evergreen Lane, Annandale,
VA 22003
VSB Docket No. 99-051-1704
After a hearing on January 9, 2001, the Virginia
State Bar Fifth District Committee publicly reprimanded
Robert B. Machen for misconduct. Mr. Machen represented
the wife in a domestic relations matter. After the
equitable distribution hearing in the case, opposing
counsel noticed Mr. Machen for entry of a final
decree of divorce which did not accurately reflect
the court's ruling at the hearing and which was
detrimental to Mr. Machen's client. Mr. Machen failed
to file an objection to the entry of a Final Decree
of Divorce, failed to attend the hearing for entry
of the Final Decree, and failed to inform his client
of the entry of the Final Decree or that there was
a problem with the Final Decree. Mr. Machen's client
found out about the entry and content of the Final
Decree a month and a half later, after it was too
late to amend the Decree. The client asked Mr. Machen
to fix the problem. Mr. Machen agreed to do so and
did not inform his client that the time for amending
the decree had passed. Certain funds were withheld
from his client for over a year because of Mr. Machen's
misconduct, though the client did eventually receive
the funds.
Mr. Machen appealed the public reprimand to the
Virginia State Bar Disciplinary Board. On April
12, 2001, the Board dismissed the appeal for failure
to file timely a transcript, and affirmed the judgment
of the Fifth District Committee.
May
15, 2001* **
Dana Wilbur Johnson, 7504 Burgess Lane,
Ft. Washington, MD 20744
VSB Docket No. 01-000-2639
The Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Johnson by order
dated May 4, 2001. Mr. Johnson has been disbarred
from the practice of law for the Court of Appeals
of Maryland effective May 12, 2001. A hearing will
be held before the Virginia State Bar Disciplinary
Board on Friday, May 25, 2001, to show cause why
Mr. Johnson's license should not be further suspended
or revoked. The summary suspension order was entered
pursuant to the Rules of the Supreme Court of Virginia,
Part 6, Section IV, Paragraph 13 (G).
*The
Disciplinary Board revoked the license of Dana Wilbur
Johnson on May 25, 2001. Mr. Johnson's license to
practice law had been revoked in Maryland on charges
of conflict of interest, misconduct, and misrepresentation.
The Board adopted the findings of the Maryland Court
of Appeals and gave the Maryland order revoking
Mr. Johnson's license reciprocal recognition.
**The
Virginia Supreme Court affirmed on March 1, 2002,
the Virginia State Bar Disciplinary Board order
of revocation dated June 18, 2001.
go
to opnion
May
9, 2001
William
August Boge, Suite 103, 9315 Center Street, Manassas,
Virginia 20110
VSB
Docket No. 00-053-2105
On
April 18, 2001, pursuant to an agreed disposition,
a subcommittee of the Fifth District-Section III Committee
of the Virginia State Bar issued a Public Reprimand
to William August Boge, Esq., who was found to have
violated DR 2-108 and RPC 1.16, which set forth the
duties owed a client upon termination of representation,
and RPC 8.1, which prohibits certain conduct by an
attorney regarding bar disciplinary matters.
Mr.
Boge failed to respond to a client's requests for
the return of her file, made in writing and by telephone.
Following the client's filing of a Complaint with
the Virginia State Bar, Mr. Boge repeatedly failed
to respond to the Bar's lawful demands for information,
thus obstructing the Bar's lawful investigation of
the Complaint. Months following the client's request
for the return of her file, a Virginia State Bar investigator
retrieved the file from Mr. Boge, made appropriate
copies, and furnished the client with the file materials
to which she was entitled.
go
to opinion
May
2, 2001
Walter
Cornelius Whitt, Jr., F-1, 2524 George
Washington Memorial Highway,Yorktown, Virginia 23693-3423
VSB
Docket Nos. 00-010-0904, 00-010-1226, 00-010-1649,
00-010-2506, 00-010-2637, 01-010-1719, 10-010-2210,
01-010-2304, 01-010-2309, 01-010-2310
On
April 27, 2001, the Disciplinary Board summarily suspended
Walter Cornelius Whitt, Jr.'s license to practice
law. On April 16, 2001, the Circuit Court for York
County entered a consent order enjoining Mr. Whitt
from withdrawing any bank deposits or disposing of
any assets and appointing a receiver for the funds
and property subject to the injunction. This action
followed clients' complaints that Mr. Whitt accepted
fees from them but then failed to appear in court
on their behalf, account for their money or respond
to their inquiries.
A
show cause hearing will be held on May 25, 2001,
at which time the Disciplinary Board will decide
whether to revoke or further suspend Mr. Whitt's
license to practice law.
go
to opinion
go
to petition
May 2, 2001*
Gene
Piero Belardi, 131 Minor Road, Sterling, Virginia
20165-5669
VSB
Docket No. 01-000-2538
The
Virginia State Bar Disciplinary Board summarily suspended
the law license of Mr. Belardi by order dated April
27, 2001. Mr. Belardi pled guilty in the United States
District Court for the District of Columbia to making
False Statements, in violation of Title18 U.S.C. Section
1001, Case No. 00-323-01. A hearing will be held before
the Virginia State Bar Disciplinary Board on Friday,
May 25, 2001, to show cause why Mr. Belardi's license
should not be further suspended or revoked. The summary
suspension order was entered pursuant to the Rules
of the Supreme Court of Virginia, Part 6, Section
IV, Paragraph 13 (E).
*On
May 25, 2001, the Disciplinary Board convened to consider
a show-cause order issued to Gene Piero Belardi arising
out of Gene Piero Belardi's three felony convictions
in the United States District Court for the District
of Columbia. Gene Piero Belardi had been convicted
of knowingly and willfully making material false statements
on three occasions to the Federal Communications Commission
in violation of Title 18, United States Code, Section
1001. Gene Piero Belardi made such knowingly false
statements in the context of the practice of law.
Based on the foregoing, the Disciplinary Board revoked
Gene Piero Belardi's license effective May 25, 2001.
go
to opinion
April
18, 2001
Barry
L. Flora, 4227 Colonial Avenue, SW, Roanoke, Virginia
24018-0184
VSB
Docket No. 97-080-1576
On February
23, 2001, a three-judge panel of the Roanoke Circuit
Court suspended the law license of Barry L. Flora
with terms, effective February 24, 2001, pursuant
to an agreed disposition between Mr. Flora and the
Virginia State Bar. The court placed Mr. Flora on
probation for one year. If Mr. Flora fails to comply
with the terms of the probation, he may be suspended
from the practice of law for two years.The
bar proceeding arose from Mr. Flora's guilty plea
to a misdemeanor federal offense of misappropriating
insurance funds. Mr. Flora applied for and received
some loans allegedly for the benefit of his title
insurance company. Mr. Flora's actual purpose in obtaining
the loans, however, was to provide cash to a friend
and business associate who no longer qualified for
loans. When the friend failed to repay the loans,
Mr. Flora ultimately repaid or settled the unpaid
balances. For record keeping purposes, Mr. Flora used
his real estate escrow account to deposit and disburse
two of the loans, although the loans were not related
to Mr. Flora's real estate practice.
go
to opinion
April
18, 2001
Steven
Morton Oser, 79 East Windsor Boulevard, Post Office
Box, 656,Windsor, Virginia 23487
VSB
Docket No. 99-010-2011
Following
a hearing on April 5, 2001, the First District
Committee issued a Public Reprimand with Terms to
Stephen Morton Oser. The committee found that Mr. Oser
failed to promptly pay some medical care providers
when he settled a personal injury case, although he
promptly disbursed his attorney's fees and his
client's share of the settlement. Mr. Oser delegated
the responsibility for managing and reconciling his
attorney trust account to members of his staff, but
failed to review their work adequately, and failed to
maintain a client subsidiary ledger for the case in
question. The committee also found that Mr. Oser
wrongfully revealed information about his client that
he should have kept secret when he explained his late
payment to one of the medical care providers.
Upon
consideration of the facts and Mr. Oser's prior
disciplinary record, the committee imposed a public
reprimand with terms, requiring Mr. Oser to hire a
professional risk manager to audit his office, make
recommendations that Mr. Oser must follow, and furnish
reports to the Virginia State Bar. Failure to comply
with the terms will result in the Virginia State Bar
Disciplinary Board hearing the case.
April 12, 2001*
William
Ralph Palmer, 555 New Bern Avenue, Raleigh, North
Carolina 27611
VSB
Docket No. 01-000-2289
The Virginia
State Bar Disciplinary Board suspended William Ralph
Palmer's license to practice law in the Commonwealth
of Virginia effective April 10, 2001. On March 8,
2001, Mr. Palmer was found guilty in the Circuit Court
of Halifax County of one count of Grand Larceny/Embezzlement
(a felony) in violation of Code of Virginia ßß 18.2-95
and 18.2-111.
Mr.
Palmer was ordered to appear before the Disciplinary
Board at the United States Court of Appeals, Green
Courtroom, at Tenth and Main Streets, Second Floor,
Richmond, Virginia 23219 at 9:00 a.m. on Friday, April
27, 2001, to show cause why his license to practice
law in the Commonwealth of Virginia should not be
further suspended or revoked.
*On
April 27, 2001, the Virginia State Bar Disciplinary
Board continued this matter generally. Mr. Palmer's
license remains suspended until further order of the
the board.
March
28, 2001
Michael
Dana Eberhardt, 429 North Main Street, Suffolk, Virginia
23434-4424
VSB
Docket No. 00-010-0625
Michael Dana Eberhardt's license to practice law in
the Commonwealth of Virginia will be suspended for
30 days with terms effective September 1, 2001, by
the Virginia State Bar Disciplinary Board.
The Virginia State Bar and Respondent stipulated to
facts involving neglect and inattention in Mr. Eberhardt's
practice of law. There had been a prior disciplinary
record involving the Respondent.
go
to opinion
March
28, 2001
Lawonna
Daves, 751 Daves Road, York, SC 29745
VSB
Docket Nos. 98-031-3005, 99-031-2796, 99-031-2839
On
March 23, 2001, the Disciplinary Board revoked Lawonna
Daves license to practice law in the Commonwealth
of Virginia.
In
one case, Ms. Daves was hired to look into filing
a potential wrongful death suit. She took the client's
only copy of the medical records and six months later
disappeared with the records. After the client filed
a bar complaint, and approximately five weeks before
the statute of limitations expired, Ms. Daves returned
the records with a letter saying she did not think
the doctors involved were negligent.
In
another matter, a client fired Ms. Daves for neglecting
an adoption case. Ms. Daves did not properly withdraw
as counsel, but stopped communicating with her former
client, failed to notify her of an impending court
date and did not appear in court on the former client's
behalf. Moreover, Ms. Daves billed her former client
for work performed after Ms. Daves was fired. After
the former client discovered that Ms. Daves had not
withdrawn as counsel, Ms. Daves moved to withdraw
as counsel on the ground that she sued her former
client for non-payment of fees when in fact Ms. Daves
had never filed such a suit.
In the third case, a client paid Ms. Daves $600 to
represent him in a divorce proceeding in South Carolina.
Although licensed in South Carolina, Ms. Daves had
never handled a divorce there and advised the client
she would have to research the matter. After waiting
approximately six weeks to hear from Ms. Daves, the
client discovered that Ms. Daves's phone had been
disconnected and that she was no longer at her office
address. Ms. Daves finally advised the client that
she was in South Carolina and had initiated the divorce
proceeding when in fact she had not. Ms. Daves compounded
this misrepresentation by presenting documents altered
to make it appear that she had indeed filed the divorce
action.
go
to opinion
March
27, 2001
Robert
Allen Williams, Williams, Luck & Williams, Courthouse
Square, 45 Jones Street, Martinsville, Virginia 24112
VSB
Docket No. 93-090-1833
After
an unsuccessful appeal to the Supreme Court of Virginia,
the license of Robert Allen Williams will be suspended
for six months effective May 1, 2001. The suspension
results from Mr. Williams' failure to comply with
certain terms of an agreed disposition order which
was entered by the Disciplinary Board on June 26,
1998. A show cause hearing was held before the Disciplinary
Board on April 28, 2000, on the alleged failure of
terms compliance. The Board imposed the alternative
sanction of a six month suspension upon its finding
that Mr. Williams had failed to comply with terms
2 and 3. Term 2 generally required Mr. Williams, during
a defined year, to obtain the services of a certified
public accountant to provide four quarterly certifications
that Mr. Williams' trust account(s) are in compliance
with Canon 9 of the Virginia Code of Professional
Responsibility and, if not in compliance, so state
with an explanation of the noncompliance. Term 3 stated
that it was Mr. Williams' sole responsibility to insure
that the terms were fulfilled. The Supreme Court of
Virginia issued its order affirming the judgment of
the Disciplinary Board by order entered March 2, 2001,
with one dissenting opinion.
go
to opinion (VA Supreme Court's Web site)
March
23, 2001
Bruce
Alton Sanders, P.O. Box 6534, Woodbridge, Virginia
22195
VSB Docket Nos. 98-022-1131, 98-022-2514 and 99-022-0435
The Disciplinary Board accepted an agreed
disposition imposing a two-year suspension with terms
on Bruce Alton Sanders, effective March 21, 2001.
Mr. Sanders admitted that he failed to attend promptly
to two divorce matters, failed to keep the clients
reasonably informed about the status of their divorce
proceedings and improperly deposited unearned fees
the clients paid him in his general account. In addition,
Mr. Sanders agreed that he had failed to attend to
the administration of an estate and prejudiced the
client by failing to keep her reasonably informed
and return original bank records upon request.
The
terms imposed in connection with the two year suspension,
among other things, require Mr. Sanders to pay the
estate the sum of $4,916 by March 20, 2002. The payment
includes a refund of Mr. Sanders's fee and reimbursement
for additional costs the estate incurred due to his
neglect.
go
to opinion
March
15, 2001
Lawrence
Douglas Wilder, Jr., Wilder & Gregory, Suite 1001,
707 East Main Street, P.O. Box 518, Richmond, Virginia
23218-0518
VSB
Docket No. 00-033-2917
Mr.
Wilder pled guilty in the United States District Court
for the Eastern District of Virginia to the charge
that he unlawfully, intentionally and knowingly possessed
cocaine in violation of 21 U.S.C. ß 844.
On
March 9, 2001, the Virginia State Bar Disciplinary
Board entered an order based upon an agreed disposition
providing that Mr. Wilder receive a Public Reprimand
with Terms, including compliance with the terms of
his federal probation and a monitoring agreement with
Lawyers Helping Lawyers. If Mr. Wilder fails to comply
with one or more of the agreed terms, he will be suspended
from the practice of law for two years.
The
board's order states that evidence of mitigating circumstances,
and lack of evidence of aggravating circumstances,
rendered a Public Reprimand with Terms appropriate
in Mr. Wilder's case.
go
to opinion
March
15, 2001
Dominick
Anthony Pilli, P.O. Box 873, Fairfax, Virginia 22030
VSB
Docket No. 99-051-0023
On
February 16, 2001, the Virginia State Bar Fifth District
Committee publicly reprimanded Dominick Anthony Pilli
for misconduct. At a hearing on January 11, 2000,
the committee found that Mr. Pilli, who represented
the wife in a domestic relations matter, repeatedly
contacted the husband, who was represented by another
attorney. The committee also found that Mr. Pilli
violated the Code of Professional Responsibility by
threatening to file a retaliatory bar complaint against
the husband's attorney. Mr. Pilli appealed the reprimand
to the Virginia State Bar Disciplinary Board. The
board dismissed the appeal for failure to file a transcript,
and on February 16, 2001, the Virginia Supreme Court
affirmed the judgment of the Disciplinary Board.
March
9, 2001*
Vendel
Julius Matis, Ven Matis, Esq. & Associates, Suite
D, 555 Cajon, Redlands, California 92373-5980.
VSB
Docket No. 01-000-1884
The
Virginia State Bar Disciplinary Board suspended Vendel
Julius Matis's license to practice law in the Commonwealth
of Virginia effective March 1, 2001. On June 13, 1983,
Mr. Matis pled guilty in the United States District
Court for the Central District of California, Docket
No. 82-1006(A)-CHH to two counts of mail fraud in violation
of 18 U.S.C. § 1341.
Mr. Matis was ordered to appear before the Disciplinary
Board at the State Corporation Commission, Tyler Building,
1300 East Main Street, Second Floor, Courtroom B, Richmond,
Virginia 23219 at 9:00 a.m. on Friday, March 23, 2001,
to show cause why his license to practice law in the
Commonwealth of Virginia should not be further suspended
or revoked.
*On
May 24, 2001, the Virginia State Bar Disciplinary Board
(the "Board") revoked the Respondent's license
to practice law in the Commonwealth of Virginia effective
May 24, 2001. The Board found that Respondent is an
attorney duly licensed to practice law in the Commonwealth
of Virginia, that Respondent currently resides and practices
law in California where he is not a member of the California
State Bar, that on June 13, 1983, the United States
District Court for the Central District of California,
Docket No. CR 82-1006(A)-CHH convicted Respondent of
two (2) counts of mail fraud in violation of 18 U.S.C.
§ 1341 upon his plea of guilt. The Board determined
by clear and convincing evidence that Respondent had
been found guilty of a Crime as defined by Part Six,
Section IV, Paragraph 13.
March
8, 2001
Stephen
Lee Shelnutt, Post Office Box 536, Arlington, Virginia
22216
VSB
Docket Nos. 93-051-1322 and 93-051-0240
On February 28, 2001, the Circuit Court for the City of
Alexandria suspended Stephen Lee Shelnutt's license to
practice law in the Commonwealth of Virginia for a period
of six months, pursuant to an agreed disposition.
The parties stipulated that Mr. Shelnutt represented clients
in court proceedings when he was an associate member of
the bar and, therefore, not authorized to practice law
in Virginia, or while his license was suspended. Based
upon the parties' stipulations, the Court also found that
Mr. Shelnutt had engaged in ethical misconduct, including
failure to terminate client representation, failure to
act with competence and promptness, failure to represent
a client zealously and disregard of a standing rule or
ruling of a tribunal.
go
to opinion
March
2, 2001
Kieran
Thomas Grennan, 619 West 21st Street, Richmond,
Virginia 23225.
VSB
Docket Nos. 99-033-2136, 01-033-0074, 01-033-0100 and
01-033-0179.
On
February 22, 2001, the Virginia State Bar Disciplinary
Board suspended Kieran Thomas Grennan license to practice
law in the Commonwealth of Virginia for five years with
terms.
Mr.
Grennan acknowledged that in 1998 he failed to appear
in the Richmond Juvenile and Domestic Relations Court
at least ten times, was late once and unprepared on another
occasion. After receiving written and verbal warnings,
as well as two show cause notices and counseling, on January
22, 1999, Mr. Grennan was removed from the court's list
of lawyers for appointment as counsel in misdemeanor and
civil cases and relieved as court appointed counsel in
all pending matters.
Mr. Grennan
stipulated that a client retained him in June 1999 and
paid him $250 to initiate divorce proceedings. Not only
did Mr. Grennan fail to file the divorce action, he neglected
to disclose his subsequent administrative suspension from
the practice of law for non-compliance with MCLE requirements,
not paying his bar dues and not tendering his professional
liability certification.
Mr.
Grennan also stipulated that he did not pay his bar dues
for fiscal year 2001, which were due on July 1, 2000,
and that he remained administratively suspended. Nonetheless,
he appeared in circuit court on July 17, 2000, representing
a defendant in a hearing involving an appeal from a protective
order.
In
addition to complying with the usual requirements governing
reinstatement after suspension for more than one year,
the terms of the agreed disposition require Mr. Grennan
to obtain a written certification from a licensed clinical
professional that he is fit to practice law before applying
for reinstatement.
go
to opinion
February
28, 2001
Francis
Sullivan Callahan, 229 West Bute Street, Suite 630, Norfolk,
Virginia 23510
VSB
Docket No. 01-000-1848
The
Virginia State Bar Disciplinary Board suspended Francis
Sullivan Callahan's license to practice law in the Commonwealth
of Virginia effective February 26, 2001. Mr. Callahan
pled guilty to Attempt Possession of Ecstasy in violation
of Virginia Code Section 18.2-250, in the Circuit Court
of the City of Norfolk, Case No. CR01000360-00.
Mr.
Callahan was ordered to appear before the Disciplinary
Board at State Corporation Commission, Tyler Building,
1300 East Main Street, 2nd Floor, Courtroom B, Richmond,
VA 23219, at 9:00 a.m., on Friday, March 23, 2001, to
show cause why his license to practice law within the
Commonwealth of Virginia should not be further suspended
or revoked.
On
March 13, 2001, the Virginia State Bar Disciplinary Board
vacated its February 26, 2001, Rule to Show Cause and
Order of Suspension against Francis Sullivan Callahan.
The March order reinstated Mr. Callahan's license to practice
law in the Commonwealth. The board found that the Virginia
Supreme Court Rule (Va.S.Ct.R.Pt.6,§IV,¶13E.),
which provides for the summary suspension of law licenses
of attorneys who are found guilty of a crime by verdict
of a judge or jury does not encompass attorneys who have
pled guilty to felony drug charges under Virginia Code
§18.2-251, commonly referred to as the first offender
statute. The board's order, entered on March 27, 2001,
says "while we do not believe that we have authority to
suspend the Petitioner's license pursuant to ¶13E,
our ruling does not in any way limit the Virginia State
Bar's ability to investigate and present to this Board
Charges of Misconduct arising out of this same conduct."
go
to opinion
February
28, 2001
Andrew
Robert Sebok, Suite B-3, 154 Newton Road, Virginia Beach,
VA 23462
VSB Docket Nos. 98-022-1502, 99-021-0319, 99-021-0351,
99-021-0520,
99-021-1480, 99-021-2082, 99-021-2913
On
February 23, 2001, the Virginia State Bar Disciplinary
Board suspended Andrew Robert Sebok's license to practice
law in the Commonwealth of Virginia for a period of ten
(10) months. Based upon findings in seven (7) complaints,
Mr. Sebok failed to comply with trust account requirements
in receiving clients' funds and failed to attend promptly
to matters undertaken for clients and to keep clients
reasonably informed.
The
DB hearing was on Feb. 22nd and 23rd. The Virginia State
Bar Disciplinary Board found that the alleged violations
in VSB Docket Nos. 98-022-1378, 98-022-0677 and 00-021-0306
were not proven by clear and convincing evidence.
go
to opinion
February
28, 2001
John
Daniel Reaves, Apartment 201, 2220 Mohegan Drive, Falls
Church, Virginia 22043
VSB
Docket Nos. 01-052-0735 and 01-052-1754
John
Daniel Reaves, petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in Virginia
with disciplinary charges pending on February 26, 2001.
The board accepted the petition and revoked his license
on February 27, 2001. Summaries of the charges will be
forwarded to the Virginia Supreme Court.
February
14, 2001
William
B. Allen, III, Allen & Allen, P.C., 126 West Court
Street, P.O. Box 506, Woodstock, Virginia 22664-0506
VSB
Docket # 98-070-1810
On January 18, 2001, William B. Allen, III, accepted a
public reprimand with terms from the
Seventh District Subcommittee of the Virginia State Bar.
The
complainant hired Mr. Allen to represent her in a child
custody case. In a written fee agreement, she agreed
to pay him $175 an hour with a $1500 advance payment
of fees. Bills provided to the Virginia State Bar by
Mr. Allen, show that he devoted a total of four and
one half hours to the case. Despite a request from the
complainant, Mr. Allen did not return the unearned portion
of the advance. In addition to the public reprimand,
the committee directed Mr. Allen to refund the $712.50
in unearned fees, plus interest.
February
9, 2001
Arthur
Charles Ermlich, Jr., 2397 Court Plaza Drive, Suite 103,
Virginia Beach, Virginia 23456
VSB
Docket Nos. 99-021-0180 and 99-021-0239
On
January 25, 2001, the Second District Committee, Section
I, issued two Public Reprimands with Terms to Arthur Charles
Ermlich, Jr. The committee found that Mr. Ermlich failed
to perfect an appeal in a criminal case, which resulted
in the dismissal of the appeal by the Virginia Court of
Appeals. The committee also found that Mr. Ermlich failed
to keep his client informed of the status of a probation
revocation matter, failed to advise his client that he
did not intend to seek further relief on his behalf, and
failed to accept or return telephone calls from the client
or the client's mother. In addition to the public reprimand,
the committee ordered Mr. Ermlich to attend four hours
of continuing legal education in criminal law and four
hours in appellate practice.
February
7, 2001*
Rickey
Gene Young, 943 Starling Avenue, Martinsville, Virginia
24112-6405
VSB
Docket Nos. 98-090-0948, 98-090-1491
and 99-090-0133
Rickey Gene Young's license to practice law in the Commonwealth
of Virginia was suspended for eighteen (18) months
effective January 26, 2001, by the Virginia
State Bar Disciplinary Board.
Mr. Young was found to have been negligent in his handling
of three separate civil matters. One case involved a possible
wrongful death action and the appointment of an administrator,
where two minor children, with two different guardians
were involved. The second case involved a potential personal
injury/products liability claim where a women was injured
when the elevator on which she was riding plummeted two
floors. The third involved a sexual harassment claim by
a man who alleged his male boss made advances toward him.
His negligence in handling the products liability and
sexual harassment claims involved his failure to respond
timely to discovery requests and successful motions to
compel which resulted in the dismissal of both cases.
His negligent conduct was found to have prejudiced his
clients in the personal injury/products liability matter,
as well as the wrongful death matter, where he failed
to have one of two clients appointed as co-administrator
to the deceased's estate. In addition, it was determined
that he was in violation of the rules as a result of his
failure to withdraw from the wrongful death matter where
a clear conflict of interest had arisen.
*
On February 21, 2001, the Supreme Court of Virginia granted
Mr. Young's petition to stay the eighteen month suspension
ordered by the Virginia State Bar Disciplinary Board pending
his appeal to the court.
*On
June 14, 2001, the Virginia Supreme Court dismissed the
appeal of right in this case. Subsequently, the Virginia
State Bar Disciplinary Board suspended Mr. Young's license
for the remaining period of seventeen months and three
days effective August 1, 2001.
February
7, 2001
Richard
Allen Frye, 180 Upper Poore Valley Road, Saltville, Virginia
24370
VSB
Docket No. 95-102-0946
On
January 26, 2001, the Virginia State Bar Disciplinary
Board revoked the license of Mr. Frye to practice law
in the Commonwealth of Virginia. In 1998, the Board
imposed a six month suspension with terms pursuant to
an Agreed Disposition. The recent revocation was based
on uncontradicted evidence Mr. Frye failed to comply
with the terms imposed by the Board by failing to provide
reports regarding mentoring, review of Mr. Frye's trust
account records and continued counseling.
go
to opnion
January
30, 2001
Joseph
William Kaestner, P.O. Box 2462, Richmond, VA 23218-2462
VSB
Docket No. 97-032-1488
Joseph
William Kaestner was publicly reprimanded with terms
by the Virginia State Bar Disciplinary Board. The board
found that Mr. Kaestner failed to perfect an appeal
to the Virginia Supreme Court and misrepresented that
fact to his clients.
go
to opinion
January
29, 2001
Bruce
Wilson McLaughlin, P.O. Box 340, Leesburg, Virginia 20178
VSB
Docket Nos. 99-000-2297 and 01-000-0925
Bruce
Wilson McLaughlin, petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in Virginia
with disciplinary charges pending on January 25, 2001.
The board accepted the petition and revoked his license
on January 26, 2001. Summaries of the charges will be
forwarded to the Virginia Supreme Court.
January
29, 2001
John
Henry Partridge, 761 Monroe Street, Herndon, Virginia
20170
VSB
Docket No. 00-053-2402
On January 23, 2001, pursuant to an agreed disposition,
a subcommittee of the Fifth District-Section III Committee
of the Virginia State Bar issued a Public Reprimand with
Terms to John Henry Partridge, Esq., who was found to
have violated DR 1-102(A)(4), DR 6-101(B) and (C), DR
7-101(A)(1 through 3), DR 9-102(B)(2), and parallel provisions
of the Rules of Professional Conduct.
The subcommittee found that Mr. Partridge had failed to
obtain a final decree of divorce for his client during
a period of approximately two years following the taking
of all evidence necessary to support entry of such decree.
When confronted by his client and the Virginia State Bar
respecting his failure to procure the final decree, Mr.
Partridge offered as excuses that he could not find his
client's corroborating witness who needed to sign a certain
affidavit, and that his client had an outstanding balance
for legal services. The subcommittee found Mr. Partridge's
excuses dishonest and pretextual, in that the corroborating
witness remained at the same address that she had on the
date of her deposition testimony in September, 1998, and
that it was not until April of 2000 that Mr. Partridge
stated to his client that the delay in processing the
divorce was occasioned by a failure to pay legal fees.
The subcommittee also found that Mr. Partridge lost a
cashier's check in the sum of $50,000.00 that had been
entrusted to him by his client; that he failed to respond
timely to many of his client's inquiries about the status
of the case; and that Mr. Partridge's delay in procuring
the final decree resulted in financial harm to his client.
The subcommittee determined that Mr. Partridge shall conclude
his client's divorce case, without imposition of further
legal fees, by obtaining a final decree of divorce not
later than January 31, 2001, and that, no later than February
28, 2001, he shall pay his client, through the offices
of Bar Counsel, the sum of $3,500.00 as a partial refund
of legal fees.
January
22, 2001
James
Spaulding Powell, 14142 West 4th Avenue, P.O.
Box 388, Golden, CO 80402
VSB
Docket No. 99-042-2954
On January 19, 2001, pursuant to an agreed disposition,
a subcommittee of the Fourth District-Section II Committee
of the Virginia State Bar issued a Public Reprimand to
James Spaulding Powell, Esq. He was found to have violated
DR 1-102(A)(3), which provides that a lawyer shall not
"commit a crime or other deliberately wrongful act that
reflects adversely on the lawyer's fitness to practice
law."
Mr. Powell was prosecuted in the Circuit Court of the
City of Norfolk, Virginia, for issuing a worthless check
to a stationer who filled his order for business stationery.
Pursuant to a plea agreement respecting the charge, Mr.
Powell was convicted of a misdemeanor on May 21, 1999,
and sentenced to a jail term of six months, all of which
term was suspended. Mr. Powell paid all court costs and
made full restitution to the stationer.
January
19, 2001
George C. Rawlings, Jr., 405 Amelia Street Fredericksburg, Virginia 22401-3821
VSB Docket Nos. 00-060-2739; 01-061-0239; 01-061-1215; 00-060-3365; 00-060-3427; 01-061-0977; 01-061-0437; 01-061-0778; 01-061-0438; 01-061-0934; 01-061-0439; 01-061-0968;
01-061-0879; 01-061-0808; 01-061-0809; 01-061-0810; 01-061-1006; 01-061-1088;
01-061-1091; 01-061-1099; 01-061-1109; 01-061-1117
In the first case, respondent qualified as the executor of an estate. Shortly thereafter, he
distributed all of the funds to the individual recipients with the exception of one charitable
organization. Respondent misappropriated approximately $66,000, which was to go to the
charitable organization, in the form of loans to friends and himself. During the time he
misappropriated the funds, Respondent filed false accountings with the Commissioner of
Accounts certifying the funds were maintained in savings and checking accounts.
In the second case, Respondent was appointed executor of his aunt's estate. Following
his appointment, he failed to notify the complainant's mother that she was a beneficiary of the
will. He failed to follow the requirements of the will and provide the Complainant's mother with
quarterly interest earned on approximately $6,000. Shortly before the death of the
Complainant's mother, the Respondent gave her $1,000. Shortly after her death, he paid
approximately $5,000 of her funeral expenses. He never paid any interest from the $6,000 to the
Complainant's mother.
In the third case, Respondent was the Special Commissioner for the sale of property
inherited by the Complainant and several of Complainant's relatives. Complainant alleges that
Respondent authorized the sale of the property without Complainant's knowledge or permission
and without the knowledge or permission of Complainant's relatives. Complainant alleges that
papers submitted to the court contained false information.
In the remaining cases Respondent violated the rules regarding the operation of attorney
trust accounts by using his trust account for his law practice as well as for his personal/household
needs. As a result, Respondent was found to be out of trust on at least thirty occasions in a one
year period and had written checks for insufficient funds totaling more than $20,000.
Respondent did not keep subsidiary ledgers or trust account ledgers, books or records during this
period.
The respondent surrendered
his license to practice law.
January 19, 2001
George
Alexander Weimer, Jr., 1165 Oakland Road, Richmond,
Virginia 23231
VSB
Docket Nos. 99-031-1009; 00-031-0999
In
the first matter, the respondent allegedly helped the
complainant with a workers' compensation matter and a
medical insurance matter for which he was not paid. In
addition, he represented the complainant and his wife with
regard to the sale of their home and was present at the
real estate closing as their representative. During the
time the Respondent was representing the complainant and
his wife, he engaged in a sexual relationship with the
wife.
In
the second matter, respondent was hired by the complainant's
wife to aid her in drafting a separation agreement and
obtaining a divorce from her husband. There were issues
of child custody and division of the marital assets involved.
During the time respondent represented complainant's wife
in the separation and divorce matter, and prior to her
divorce from the complainant, respondent engaged in a
sexual relationship with her and allowed her to move into
his home.
These matters were settled by agreed disposition imposing
a nine month suspension.
go
to opinion
January
18, 2001
John
Carter Morgan, Jr., The Kirby Building,
Suite 101, 65 Culpepper Street, Warrenton,
Virginia 20186
VSB
Docket No. 01-000-1260
The
Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Morgan
by order dated January 8, 2001. On December
4, 2000, Mr. Morgan pled guilty to and was
convicted of Attempted Possession of Cocaine
and Possession of Cocaine in the Fauquier
County, Virginia, Circuit Court (Criminal
Nos. CR00-208 and CR00-348). A hearing will
be scheduled before a Three-Judge Circuit
Court, to be appointed by the Chief Justice
of the Virginia Supreme Court, at which
hearing Mr. Morgan will have the opportunity
to show cause why his license to practice
law in the Commonwealth of Virginia should
not be further suspended or revoked. The
summary suspension order was entered pursuant
to the Rules of the Supreme Court of Virginia,
Part 6, Section IV, Paragraph 13(E).
January
18, 2001
Joseph
Dee Morrissey, Morrissey & Hershner, P.L.C.,
Seven South Adams Street, Richmond, Virginia
23220-5601
Chancery No. HK-1655
The
Circuit Court of the City of Richmond suspended
Joseph Dee Morrissey's license to practice
law effective December 15, 2000. On February
18, 2000, a three-judge panel of the circuit
court entered an order suspending Mr. Morrissey's
license for three years. Mr. Morrissey appealed
that order to the Supreme Court of Virginia,
and the Supreme Court stayed the suspension
pending the appeal. The Supreme Court affirmed
the suspension and referred the matter back
to the circuit court to set an effective
date.
January
17, 2001
Richard
Allen Frye, 180 Upper Poore Valley Road,
Saltville, Virginia 24370.
VSB
Docket No. 95-102-0946
On
January 10, 2001, the Virginia State Bar
Disciplinary Board suspended Richard Allen
Frye's license to practice law in the Commonwealth
of Virginia. The Disciplinary Board imposed
the summary suspension based upon formal
allegations that Mr. Frye failed to comply
with terms and conditions contained in the
Disciplinary Board's order of November 25,
1998. The suspension will continue until
the board considers the matter at a show
cause hearing.
Disciplinary
Actions July 2000 - December 2000
Disciplinary
Actions January 2000 - June 2000
Disciplinary
Actions July 1999 - December 1999
Disciplinary
Actions January 22, 1999 - June 1999
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