Disciplinary Actions

   
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Disciplinary Actions Taken by the
Virginia State Bar

January 2004 – Present

(Except for agreed dispositions, disciplinary actions imposed by a District Committee remain subject to appeal for 10 days after notice of the determination is mailed to the Respondent.)

(Except for agreed dispositions, disciplinary actions imposed by the Disciplinary Board remain subject to appeal for 30 days after the Memorandum Order is served on the Respondent.)

archives

updated 3/28/05

 

June 30, 2004* **

George Albert Bates, P. O. Box 562, Keswick, VA 22947

VSB Docket No. 04-000-3675

Effective June 25, 2004, the Virginia State Bar Disciplinary Board summarily suspended George Albert Bates's license to practice law in Virginia. The suspension arises from Mr. Bates's felony conviction by the Albemarle County Circuit Court, on April 10, 2002, of malicious wounding. The board ordered Mr. Bates to appear before it on July 23, 2004, to determine whether revocation or further suspension is appropriate.

*The Virginia State Bar Disciplinary Board continued this matter until Friday. March 25, 2005

**On March 25, 2005, the Virginia State Bar Disciplinary Board revoked George Albert Bates's license to practice law. Mr. Bates was convicted in April 2002 of malicious wounding, a felony, for which he was sentenced to a prison term.

 

June 30, 2004

John Edward Ryan Jr., 3600 Chain Bridge Road, Fairfax, VA 22030-3202

VSB Docket # 03-053-0988

On June 28, 2004, pursuant to an agreed disposition, a subcommittee of the Fifth District Committee, Section III, issued a public reprimand to attorney John Edward Ryan, Jr. The subcommittee found that as executor for an estate Mr. Ryan lacked diligence in making required filings with a commissioner of accounts and in disbursing funds to estate beneficiaries. In issuing the public reprimand, the subcommittee took into account the fact that Mr. Ryan was disciplined in February 2001, for his handling of the same estate matter.

go to opinion (posted 7/30/04)

 

June 29, 2004

Thomas Orville Murphy, 8709 Plantation Lane, Manassas VA 20110-4506

VSB Docket # 99-053-0974

On June 22, 2004, the Virginia State Bar Fifth District Committee, Section III, issued a public admonition with terms to Thomas Orville Murphy. The committee found that Mr. Murphy had a conflict of interest when he represented two clients in their bankruptcy cases when he was at the same time a secured creditor of the parties.

go to opinion (posted 8/10/04)

 

June 28, 2004

Mac Andres Chambers, Apartment 84, 3158 Berry Lane SW, Roanoke, Virginia 24018

VSB Docket No.  03-080-4043, 03-080-4051, 03-080-4052

On June 25, 2004, the Virginia State Bar Disciplinary Board revoked the law license of Mac Andres Chambers, effective immediately, based upon his failure to comply with terms imposed in connection with two public reprimands and one private reprimand. Mr. Chambers' misconduct consisted of neglect and failure to communicate in a personal injury matter, failure to properly discharge his fiduciary duties in a real estate transaction, conflicts of interest, and neglect and failure to communicate in two traffic cases. In revoking Mr. Chambers' law license, the board took into account the fact that, after the public and private reprimands were issued, Mr. Chambers was disciplined for misconduct in new matters.

go to opinion (posted 7/20/04)

 

June 25, 2004

Thomas Leroy Johnson Jr., The Gee Law Firm, 5900 Midlothian Turnpike, Richmond, VA 23225

VSB Docket No. 04-000-3403

On June 25, 2004, the Virginia State Bar Disciplinary Board suspended Thomas Leroy Johnson’s license to practice law in Virginia for four years, effective May 27, 2004.  The reciprocal discipline is based upon an agreed order of the United States District Court for the Eastern District of Virginia, Richmond Division, entered on April 27, 2004, suspending Mr. Johnson from practicing law in any federal court for four years.  The Fourth Circuit Court of Appeals also suspended Mr. Johnson from practice before the Court until he is reinstated to the practice of law in federal district courts and petitions the Fourth Circuit for reinstatement to the bar of the United States Court of Appeals. Mr. Johnson admitted falsely representing in a fee voucher for his services as a court appointed attorney in a federal criminal matter that he had not received any other payment or compensation, when in fact he had received a cash payment of $1,000.  In soliciting payment of more than the standard court-appointed counsel fee, Mr. Johnson represented that he would represent his client more zealously if he were paid an additional sum of money.  Mr. Johnson also admitted that his letter to a federal judge explaining the voucher contained a knowing and intentional falsehood.

go to opinion (posted 7/2/04)

 

June 25, 2004

Stuart Woodward Atkinson, Suite 155, 714 J. Clyde Morris Boulevard, Newport News, VA 23601

VSB Docket Nos. 02-010-0560, 02-010-0658, 03-010-0083, 03-010-0366, and 03-010-1876

On June 25, 2004, Stuart Woodward Atkinson consented to the revocation of his license to practice law.  At the time, disciplinary charges were pending against Mr. Atkinson for failing to timely attend to his fiduciary obligations in three estates, failing to perfect a criminal appeal, and failing to preserve a client's claim to insurance proceeds in a personal injury case.

go to consent to revocation (posted 6/25/04)

 

June 23, 2004

Verbena Maxine Askew, 312 60th Street, Newport News, Virginia 23607

VSB Docket No. 03-090-3094

On June 18, 2004, a panel of the Virginia State Bar Ninth District Committee dismissed charges of misconduct against Verbena Maxine Askew for lack of clear and convincing evidence.

 

June 23, 2004

Stanley Kirkland Foshee, 11815 Bishop's Content, Mitchellville, MD 20721-2750

VSB Docket No. 02-042-2942

On June 14, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board, suspended Stanley Kirkland Foshee's license to practice law in Virginia for three years.

Among other things, the board found that Mr. Foshee nonsuited his client's personal injury case without her knowledge and consent after he failed to respond to the opposing party's discovery; and failed to re-file his client's claim at any time thereafter. He also advised his client that her case could not be won, despite the fact that her claim arose from a rear-end collision while the client was stopped for a red light.  

The board also found that after promising to pay the client's health care provider in installments and to provide a promissory note, Mr. Foshee neither furnished a promissory note nor made any payments to the health care provider. Moreover, the board found that during the time Mr. Foshee was negotiating with his client's health care provider and counseling his client respecting her outstanding bill, his license to practice law in Virginia was administratively suspended.

The board directed Mr. Foshee to pay the client's health care provider. If he fails to do so under the terms of the board's order, Mr. Foshee's license to practice law in Virginia will be revoked.

go to opinion (posted 6/23/04)

 

June 16, 2004*

John Joseph Vavala, Suite 103, 124 South Lynnhaven Road, Virginia Beach, Virginia 23452

VSB Docket No. 04-021-2543

On June 15, 2004, the Virginia State Bar Disciplinary Board suspended John Joseph Vavala's license to practice law for failure to respond to a bar subpoena duces tecum.

*On July 30, 2004, the Virginia State Bar Disciplinary Board lifted the suspension of John Joseph Vavala’s license to practice law.

 

June 16, 2004

William Mills Krieger, 118 River Road, Poquoson, Virginia 23662

VSB Docket No. 03-010-2015

On June 15, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board issued an admonition to William Mills Krieger. The admonition resulted from a confrontation between Mr. Krieger and an adverse party in a courtroom hallway, during which Mr. Krieger improperly engaged in caustic and disruptive behavior.

go to opinion (posted 7/6/04)

 

June 15, 2004

Mac Andres Chambers, 3158 Berry Lane, SW, Apt. 84, Roanoke, Virginia 24018

VSB Docket Nos. 03-080-0419, 03-080-1249, 03-080-3704,
04-080-0551


On June 10, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board suspended Mac Andres Chambers' license to practice law for one year, effective September 1, 2004. Mr. Chambers failed to competently and diligently represent clients, neglected client matters, failed to communicate with clients, and failed to return a complete client file. At the bar's request, Docket No. 03-080-0419 was dismissed with prejudice.

go to opinion (posted 6/25/04)

 

June 9, 2004

Neil Kuchinsky, 200 Lakeview Avenue, P.O. Box 125, Colonial Heights, VA   23834-0125

VSB Docket No. 04-060-0661

On June 4, 2004, a panel of the Virginia State Bar Sixth District Committee dismissed charges of misconduct brought against Neil Kuchinsky.

go to opinion (posted 7/28/04)

 

June 9, 2004

Kenneth Hammond Taylor, #51, 300 North Ridge Road, Richmond, VA   23229

VSB No. 02-033-2910

On June 8, 2004, the Virginia State Bar Third District Committee, Section III, imposed a public reprimand with terms on Kenneth Hammond Taylor.   The committee found that Mr. Taylor engaged in professional conduct involving dishonesty, fraud, deceit, or misrepresentation with regard to client billing statements.

go to opinion (posted 7/1/04)

 

June 8, 2004

Jeffrey G. Haverson, Suite B3, 154 Newtown Road, Virginia Beach, VA 23462-2412

VSB Docket No. 02-021-2643

On June 4 , 2004, by agreed disposition, a subcommittee of the Virginia State Bar Second District Committee, Section I, imposed an admonition with terms on Jeffrey G. Haverson for failing to keep his clients reasonably informed about the status of a chiropractor's lien against personal injury proceeds. The chiropractor filed suit to enforce the lien against Mr. Haverson and eventually against the clients. After a lengthy dispute, Mr. Haverson settled the litigation without advising one of the clients. The subcommittee required Mr. Haverson to consult with the Virginia State Bar risk manager regarding procedures for handling healthcare provider liens and communicating with clients.

go to opinion (posted 6/23/04)

 

June 4, 2004

William P. Robinson Jr., 256 West Freemason Street, Norfolk, Virginia 23510

VSB Docket Nos. 02-022-1770, 02-022-2469, 02-022-3024, 03-022-1301 and 03-022-3474; Norfolk Circuit Court Case No. CL04-21

On June 4, 2004, a three-judge panel suspended William P. Robinson's license to practice law for 30 days. In several cases, the panel found that Mr. Robinson engaged in misconduct reflecting lack of competency, lack of diligence and promptness, and failure to keep his clients reasonably informed. The panel also found that in one case Mr. Robinson made a misrepresentation reflecting adversely on his honesty, trustworthiness and fitness to practice law. Over the bar's objection, the suspension will take effect on December 1, 2004. The panel also required Mr. Robinson, by December 30, 2004, to hire an office management consultant and directed that the bar approve any proposed procedures for case management or client communication.

go to opinion (posted 8/10/04)

 

May 21, 2004

James Kevin Clarke, 1325 Greycourt Avenue, Richmond, Virginia 23227

VSB Docket No. 03-031-1625

On May 21, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board imposed a public reprimand with terms on James Kevin Clarke for neglecting a client matter, failing to communicate with the client, not complying with trust account record keeping requirements, and failing to return his client's file after being requested to do so. The terms imposed, among other things, require Mr. Clarke to certify in writing by July 1, 2004, that the has put in place a trust account record keeping system.

go to opinion (posted 5/28/04)

 

May 24, 2004 * ** *** **** ***** ****** *******

Jeffrey Bourke Rice, 10521 Judicial Drive, Suite 307, Fairfax, Virginia 22030

VSB Docket No. 02-052-0197

On May 21, 2004, the Virginia State Bar Disciplinary Board suspended Jeffrey Bourke Rice's license for one year. The suspension was initially imposed on March 28, 2003, but was stayed pending Mr. Rice's appeal to the Virginia Supreme Court.

go to opinion (pdf posted 2/10/05)

For further information go to summary of March 28, 2003, action.

*On June 10, 2004, the Virginia Supreme Court stayed the suspension pending appeal.

**On July 23, 2004, Mr. Rice filed an appeal to the Virginia Supreme Court.

***On January 28, 2005, the Virginia Supreme Court affirmed the order of the Virginia State Bar Disciplinary Board.  The Disciplinary Board suspended Mr. Rice's license to practice law for one year effective February 7, 2005.

****On February 28, 2005, Mr. Rice filed a petition for reconsideration with the Virginia Supreme Court.

*****On May 16, 2005 Mr. Rice filed a motion with the Virginia Supreme Court asking them to defer action on the sanction.

******On June 9, 2005 the Virginia Supreme Court denied the motion.

*******On June 16, 2005 the Disciplinary Board suspended Mr. Rice's license to practice law for one year.

go to opinion (pdf posted 2/10/05)

 

May 19, 2004

Jeffrey Fredericks Bradley, 510 East Market Street, Harrisonburg, Virginia 22802

VSB Docket No. 03-070-2629

On May 12, 2004, the Virginia State Bar Seventh District Committee issued an admonition with terms to Jeffrey Fredericks Bradley for violating the rule requiring an attorney to act diligently and promptly. Mr. Bradley's client was convicted of a probation violation, and he was appointed to represent her on the appeal. He noted the appeal but failed to perfect it.

go to opinion (posted 6/1/04)

May 19, 2004

Frederick Lockhart Caldwell, Sr., Law Offices, 1720 Legare Lane, Virginia Beach, Virginia 23464-7008

VSB Docket No. 04-021-2282

On May 18, 2004, the Virginia State Bar Disciplinary Board suspended Frederick Lockhart Caldwell, Sr.'s license to practice law for failure to respond to a bar subpoena duces tecum.

May 19, 2004

Tina Maria McMillian, McMillan & Lang, P.C., 10519 West Drive, Fairfax, Virginia 22030

VSB Docket No. 03-051-1875

On May 18, 2004, the Virginia State Bar Disciplinary Board revoked Tina Maria McMillan's license to practice law. She consented to the revocation to avoid a hearing on misconduct charges. Ms. McMillan abandoned her law practice without notice to her clients and without taking steps necessary to protect them. At the time, she was the liquidating agent in a Chapter 11 bankruptcy and had paid herself fees from the assets of the estate without the court's permission, supporting documentation, or notice to the creditors. The bankruptcy court ordered her to repay the fees, but she has not done so.

go to consent to revocation (posted 5/20/04)

May 14, 2004

Robert Edwin Walker, Jr., 217 West Broad Street, Richmond, VA 23220

VSB Docket No. 03-033-2841

On May 11, 2004, a panel of the Virginia State Bar Third District Committee, Section III, dismissed charges of misconduct against Robert Edwin Walker, Jr.

May 14, 2004

Joseph Samuel Massie, III, 116 North 3rd Street, Suite 300, Richmond, VA 23219

VSB Docket No. 03-033-2646

On May 11, 2004, a panel of the Virginia State Bar Third District Committee, Section III, dismissed charges of misconduct against Joseph Samuel Massie, III.

May 14, 2004

Margaret Ellen Hyland, 2 Lockhart Circle, Fredericksburg, VA  22401

VSB Docket Nos. 01-060-2781, 01-060-2847, 01-060-2851, 03-060-0701, 03-060-1148, 03-060-1631, 03-060-1657, 03-060-1787, 03-060-1812, 03-060-2378, 03-060-2194, 03-060-2715, 03-060-3034, 03-060-3888, 04-060-0638

On May 11, 2004, by agreement, the Virginia State Bar Disciplinary Board suspended Margaret Ellen Hyland's license to practice law based on a disability. The suspension will remain in place until further order of the board. If the disability suspension is lifted, Ms. Hyland will be subject to disciplinary action for prior misconduct.

go to opinion (posted 5/20/04)

May 14, 2004

Scot Peter George Cowan, 770 Dickinson Street, Memphis, TN 38107

VSB Docket No. 01-041-0082

On May 12, 2004, the Virginia State Bar Fourth District Committee, Section I, imposed a public admonition to Scot Peter George Cowan. The committee found that Mr. Cowan did not obtain leave of court to withdraw from his client's bankruptcy matter and that he did not take reasonable steps to protect his client's interests upon the termination of representation.

go to opinion (posted 5/25/04)

May 12, 2004

Timothy Warren Snyder, 6425 Deepford Street, Springfield, VA 22150-1218

VSB Docket No. 03-053-1233

On May 11, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board suspended Timothy Warren Snyder's license to practice law for six months. The board found that in representing a client in a civil assault and battery claim, Mr. Snyder failed to provide competent representation; failed to act with diligence; intentionally prejudiced his client; intentionally failed to carry out a contract for legal services; failed to communicate with his client; and failed to protect his client's interests upon termination of the representation.

go to opinion (posted 5/13/04)

May 3, 2004

Tracey Alma Lenox, Esq., Tracey A. Lenox, Esq., PC, 4311-A Ridgewood Center Drive, Woodbridge, VA 22192

VSB Docket No. 03-053-1207

On April 30, 2004, pursuant to an agreed disposition, a subcommittee of the Virginia State Bar Fifth District Committee, Section III, issued a public reprimand with terms to Tracey Alma Lenox. Among other things, the subcommittee found that Ms. Lenox failed to communicate with her client and diligently attend to her personal injury claim; permitted her client's file to be closed before a settlement check was processed; and failed to make reasonable efforts to ensure that other lawyers in her firm were observing the Rules of Professional Conduct. Ms. Lenox made voluntary restitution to her client after the bar complaint was filed. The subcommittee directed Ms. Lenox to attend 12 hours of continuing legal education in legal ethics.

go to opinion (posted 5/3/04)

April 27, 2004

George Epperson Price, P. O. Box 1097, Abingdon, VA  24212

VSB Docket #04-000-3015

On April 26, 2004, the Virginia State Bar Disciplinary Board suspended George Epperson Price's license to practice law based upon evidence and the parties' agreement that Mr. Price is presently suffering from a disability.  The Board also generally continued all cases currently pending against Mr. Price. The suspension will remain in place until further order of the Board.

go to opinion (posted 4/28/04)

April 23, 2004

Sam Garrison, 543 Allison Avenue, SW, P.O. Box 45, Roanoke, Virginia 24002-0045

VSB Docket No. 02-080-3027

On April 23, 2004, following a hearing, the Disciplinary Board revoked Sam Garrison's licence to practice law in Virginia. The revocation stems from Mr. Garrison obtaining $6,728.84 from Wachovia Bank in December 2000 through a check kiting scheme. At the hearing, Mr. Garrison admitted that he had kited checks on other occasions when his financial position was poor.

go to opinion (posted 5/13/04)

April 22, 2004

Robert Edward Howard, 2207 Fort Ward Place, Alexandria, VA 22304.

VSB Docket No. 99-042-0950

On April 19, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board, issued a public reprimand with terms to Robert Edward Howard.

Among other things, the board found that Mr. Howard failed to promptly disburse the proceeds of a personal injury settlement and failed for years to detect the presence of un-disbursed settlement proceeds on deposit in his attorney trust account. The board ordered Mr. Howard to engage a law office management consultant to review his trust account record-keeping, accounting, and reconciliation procedures and to take any required measures to comply with Rule 1.15 of the Rules of Professional Conduct. Should he fail to do so, his license to practice law in Virginia will be suspended for a period of one year.

go to opinion (posted 4/22/04)

April 15, 2004

Harrison Benjamin Wilson, III, Hill, Tucker, Marsh & Jackson, P.L.L.C., Suite 201, 600 East Broad Street, Richmond, VA 23219

VSB Docket Nos. 01-032-2016, 02-032-0589, 02-032-1013, 02-032-1803, 02-032-3683, 02-032-3891, 02-032-3931, 03-032-1190 and 03-032-1810

On April 8, 2004, the Virginia State Bar Disciplinary Board imposed an additional suspension with terms on Harrison Benjamin Wilson, III's license to practice law. This was an agreed disposition of nine disciplinary cases resulting from Mr. Wilson's handling of litigation. The cases involved violations of disciplinary rules relating to competence, diligence, communication and failure to honor discovery requests. The terms imposed which apply for five years prohibit Mr. Wilson from: practicing law as a solo practitioner; practicing law without full-time direct supervision of another Virginia lawyer; and having direct access to or responsibility for a trust or other fiduciary account. Mr. Wilson is also required to pay clients all outstanding sums owed and unearned fees in the instant cases as well as in the cases covered by two prior circuit court trials by January 1, 2005. Mr. Wilson must also maintain professional liability insurance during all times while he practices law. Proven failure to fulfill the terms will result in the revocation of Mr. Wilson's license.

go to opinion (posted 4/22/04)

April 13, 2004

Bradford Clark Jacob, P. O. Box 2527, Midlothian, VA 23113

VSB Docket No. 03-032-4018

On April 9, 2004, the Virginia State Bar Third District Committee, Section II, imposed a public reprimand with terms on Bradford Clark Jacob. The misconduct charges arose out of a matter in which Mr. Jacob was convicted of two misdemeanors (deliberately wrongful acts) and engaged in professional conduct involving dishonesty, deceit and misrepresentation. In addition, the district committee found that Mr. Jacob was untruthful with the Virginia State Bar and failed to disclose the information necessary to correct the misunderstanding he knew to have arisen.

go to opinion (posted 7/1/04)

April 6, 2004

Francis Gerard McBride, The Mosby Building, 10560 Main St., Suite 514, Fairfax, VA 22030-7182

VSB Docket Numbers 02-051-3103, 03-051-2905, 03-051-2906 and 03-051-3541

On March 19, 2004, Francis Gerard McBride consented to the revocation of his license to practice law in the Commonwealth of Virginia, effective April 2, 2004. He repeatedly failed to communicate with clients, missed dates for filing estate accountings, failed to return files, lied to clients about the status of their cases, placed unearned fees in his operating account, and failed to respond to bar subpoenae.

go to consent to revocation pdf* (posted 4/6/04)

April 1, 2004* ** *** **** *****

Thomas K. Plofchan, 46308 Cranston Street, Sterling, Virginia 20165-5772

VSB Docket No. 02-070-0225

On March 10, 2004, the Virginia State Bar Seventh District Committee, imposed a public reprimand on Thomas K. Plofchan for violations of the Rules of Professional Conduct. In appealing a bankruptcy court decision to the Unites States District Court, Mr. Plofcan alleged: 1) that the bankruptcy judge rendered a decision without regard to the evidence because of his friendship with counsel for one of the parties and; 2) that the judge permitted ex-parte communications. The district court judge found that the party had never been a friend of the bankruptcy judge, that there was no ex-parte communication, and that the appeal was frivolous.

go to opinion pdf* (posted 4/2/04)

*On April 2, 2004, Mr. Plofchan filed an appeal and demanded that further proceedings be conducted in circuit court.  Therefore, the public reprimand is stayed pending appeal.

**On October 25, 2004 a three-judge court in the Circuit Court for the County of Loudoun reversed the decision of the Seventh District Committee and remanded the case for further proceedings in keeping with its opinion.

***On March 15, 2005, a three-judge panel in the Circuit Court for Loudon County dismissed all charges against Thomas K. Plofchan, Jr. on the ground that the proceeding was barred by a two year statute of limitations.

****On March 18, 2005, the Virginia State Bar filed a petition for reconsideration with the Loudoun County Circuit Court.

*****On March 28, 2005 the three judge panel denied the motion for reconsideration.

 

 

March 31, 2004

Neil Edward Motter, P.O. Box 132, Brandy Station, VA  22714-0132

VSB Docket No. 01-070-2416

On March 24, 2004, pursuant to an agreed disposition, a subcommittee of the Virginia State Bar’s Seventh District Committee issued an admonition with terms to Neil Edward Motter. Mr. Motter did not return the file to a client in a criminal matter despite numerous requests from the client and the Virginia State Bar. The client wanted his file in order to pursue post-conviction remedies.

go to opinion pdf* (posted 5/5/04)    

March 31, 2004

James Grafton Gore, Jr., 8105 Willboyd Court, Marshall, VA 20115

VSB Docket No. 02-053-1838

On March 31, 2004, 2004, the Virginia State Bar Disciplinary Board revoked James Grafton Gore, Jr.’s license to practice law in Virginia. Mr. Gore consented to the revocation in order to avoid a hearing on misconduct charges. Mr. Gore collected sales taxes from customers of a restaurant that his corporation operated in the District of Columbia but failed to pay all the taxes he collected to the District of Columbia and to file timely tax returns. In December 2001, he pled guilty to a related crime. In June and July, 2001, twelve checks, totaling over $150,000.00, that he submitted in payment of sales taxes were returned for insufficient funds.

go to consent to revocation pdf* (posted 3/31/04)

March 26, 2004

Roger Cory Hinde, Suite 101, 5002 Monument Avenue, Richmond, VA  23230

VSB Docket No. 04-000-2442

On March 26, 2004, the Virginia State Bar Disciplinary Board revoked Roger Cory Hinde's license for failure to notify clients that his license was suspended for four years effective December 11, 2003, and to make appropriate arrangements for the disposition of client matters in accordance with their wishes. 

go to opinion pdf* (posted 4/7/04)

March 26, 2004

Killis Thurman Howard, P.O. Box 99, Lynchburg, VA 24505-0099

VSB Docket No. 03-090-0468

On March 26, 2004, the Virginia State Bar Disciplinary Board suspended Killis Thurman Howard's law license for 90 days, effective April 21, 2004. The board accepted an agreed disposition finding that Mr. Howard had violated conflicts of interest rules by engaging in an intimate relationship with a divorce client. Contrary to the complaint's claims, Mr. Howard contended that he did not engage in the improper relationship until after he terminated his attorney-client relationship with the client.

go to opinion pdf* (posted 4/7/04)



March 23, 2004

Dianne Theresa Carter

Suite 404, 606 Denbigh Boulevard, Newport News, Virginia 23608

VSB Docket No. 02-010-2333, 02-010-2654, 03-010-0106, 03-010-0843, 03-010-1610, and 04-000-2077

On March 18, 2004, Dianne Theresa Carter consented to the revocation of her license to practice law. At the time, disciplinary charges were pending against Ms Carter for failing to timely attend to fiduciary obligations in an estate matter; failing to deposit client fees into a trust account; failing to attend to two divorce cases, one custody case, and a criminal appeal; and failing to notify her active clients about the September 2003 suspension of her license. The effective date of the revocation is March 23, 2004.

go to consent to revocation pdf* (posted 3/26/04)

March 19, 2004

Steven Edgar Bennett, 487 McLaws Circle, Suite 3, Williamsburg, Virginia 23195

VSB Docket Nos. 04-060-1381, 04-060-1660, 04-060-1932, 04-060-1386, 04-060-1811, 04-060-1632 and 04-060-1931

On March 17, 2004, the Virginia State Bar Disciplinary Board suspended Steven Edgar Bennett's license to practice law for failure to respond to a bar subpoena duces tecum.

March 12, 2004

Michael Meade Palmer, Suite 23, 87 Lee Highway, Warrenton, VA 20186

VSB Docket No. 02-070-3520

On March 9, 2004, Michael Meade Palmer consented to the revocation of his license to practice law. At the time of the revocation, disciplinary charges were pending against Mr. Palmer. He was hired to represent a client in a landlord tenant dispute, but he did not complete the discovery or appear at the trial. His client represented herself at trial and did not prevail. Mr. Palmer stated that he was suffering from mental health and alcohol problems that caused him to close his office and leave the practice of law.

go to consent to revocation (posted 3/16/04)

March 8, 2004*

Jerry Wayne Harris, Route 4, Box 149, Lexington, VA 24450

VSB Docket No. 04-000-2367

Effective March 5, 2004, the Virginia State Bar Disciplinary Board summarily suspended Jerry Wayne Harris' license to practice law in Virginia. The suspension is based on Mr. Harris' guilty plea, entered on February 17, 2004, to forcible sodomy, aggravated sexual battery, taking indecent liberties with a child in a custodial or supervisory relationship, and unlawful possession of child pornography. The board ordered Mr. Harris to appear before it on March 26, 2004, to determine whether revocation or further suspension is appropriate.

*On March 19, 2004, Jerry Wayne Harris consented to the revocation of his license to practice law in Virginia. On February 17, 2004, Mr. Harris pled guilty in the Rockbridge County Circuit Court to forcible sodomy, aggravated sexual battery, taking indecent liberties with a child in a custodial or supervisory relationship, and unlawful possession of child pornography.

March 8, 2004

Peter John LaMarca, IV , 1406 Winchester Street, Fredericksburg, Virginia 22401-3653

VSB Docket No. 02-060-2653

Effective March 1, 2004, the Virginia State Bar Disciplinary Board suspended Peter John LaMarca's license to practice law for four years for misconduct in handling a wrongful death case. The board found that Mr. LaMarca violated disciplinary rules relating to diligence, zealous representation of clients, communication with clients, and termination of the attorney-client relationship. This was an agreed disposition of the charges against Mr. LaMarca.

go to opinion (posted 3/8/04)

March 5, 2004

Mary Meade, Law Offices of Mary Meade, 2010 Corporate Ridge, Suite 700, McLean, VA 22102-7838

VSB Docket Nos. 02-052-1241, 02-052-3877, and 03-052-0062

On February 27, 2004, the Virginia State Bar Disciplinary Board suspended Mary Meade's license to practice law for four months for misconduct in two matters. The board also issued a reprimand to Ms. Meade for misconduct in another matter. The board found that she made false statements to the court and to opposing counsel and committed deliberately wrongful acts.

go to opinion 3877 (posted 3/8/04)

go to opinion 1241 (PDF posted 3/9/04)*

March 3, 2004*

William Mark Russell, Esq., 5926 Annaberg Place, Burke, VA 22015-2851

VSB Docket No. 04-000-2446

Effective February 27, 2004, the Virginia State Bar Disciplinary Board summarily suspended William Mark Russell's license to practice law in Virginia. The action was based on a one year suspension, with reinstatement conditions, of Mr. Russell's license to practice law in Tennessee. In Tennessee, Mr. Russell was found to have violated numerous provisions of the Code of Professional Responsibility arising from his failure to attend scheduled court hearings, failure to respond to bar complaints, and his neglect of client matters. The board ordered Mr. Russell to appear before it on March 26, 2004, to show cause why the same discipline that was imposed in Tennessee should not be imposed in Virginia.

*The Virginia State Bar Disciplinary Board suspended William Mark Russell's license to practice law in Virginia for one year starting October 1, 2003 and continuing until Mr. Russell provides proof of his reinstatement as a Tennessee attorney.

go to opinion pdf* (posted 4/7/04)

March 3, 2004

Eric Chong Yim, 7345 McWhorter Place, Suite 111, Annandale, VA 22003

VSB Docket Number 04-052-1007

On February 25, 2004, Eric Chong Yim consented to the revocation of his license to practice law in Virginia. On December 23, 2003, in the United States District Court for the, Eastern District of Virginia, Mr. Yim, pled guilty to a violation of 18 USC § 894(a)(1) and (2), a felony, involving the use of violence and other criminal means to collect a debt.

go to consent to revocation (posted 3/3/04)

March 1, 2004

Elliott M. Schlosser, 47 West Queen's Way, Hampton, Virginia 23669

VSB Docket No. 01-010-1990

On February 27, 2004, the Virginia State Bar Disciplinary Board issued a public reprimand to Elliot M. Schlosser. The board found that Mr. Schlosser improperly delegated signature authority on a number of bankruptcy petitions to a non-lawyer member of his staff. It also found that he committed a wrongful act reflecting adversely on his fitness to practice law when he was convicted of contempt of court for failure to appear on a stalking charge brought by his former spouse.

go to opinion pdf* (posted 4/7/04)

Pursuant to Supreme Court Rule Paragraph 13J(6), public reprimands are stayed during the appeal period. The reprimand will be issued 30 days from the date of the memorandum order unless an appeal is noted.

February 27, 2004

Lawrence Raymond Morton, 12720 Directors Loop, Woodbridge, Virginia 22192

VSB Docket No. 03-053-0871 and 03-000-2094

On February 24, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board suspended Lawrence Raymond Morton's license to practice law for a period of two years, beginning April 1, 2004. The board found that Mr. Morton practiced law while his license was suspended for ethical misconduct, failed to notify his clients and others of the prior license suspension, and failed to respond to a bar complaint.

go to opinion (posted 3/1/04)

February 20, 2004

John Ashton Wray, Jr., 10-B West Queen's Way, Hampton, Virginia 23669

VSB Docket No. 01-010-2860

On February 19, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to John Ashton Wray, Jr. The case concerned Mr. Wray's plea of guilty to a one-count criminal information charging him with failing to pay income tax, a misdemeanor. Mr. Wray will remain on disciplinary probation for two years. During that time, he must continue to pay restitution to the Internal Revenue Service and commit no violations of the Virginia Rules of Professional Conduct. Failure to comply with any of these terms will result in the suspension of his law license for a period of six months.

go to opinion (posted 3/5/04)

February 20, 2004

Edgar Hampton DeHart, Jr., 3 Foxfire Lane, Independence, VA 24348

VSB Docket No. 03-101-0706

On February 17, 2004, the Virginia State Bar Tenth District Committee, Section I, issued a public reprimand to Edgar Hampton DeHart, Jr. for violations of the Rules of Professional Conduct.  The committee found that Mr. DeHart engaged in misconduct by failing to draft and file an equitable distribution order, as he had promised, and by falsely representing to his client that he had sent the order to opposing counsel and the judge. The committee also found that Mr. DeHart did not return numerous telephone calls from his client. 

go to opinion (PDF posted 3/9/04)*

February 17, 2004

Robert Charles Neely Jr., 256 West Freemason Street, Norfolk, Virginia 23510

VSB Docket No. 03-021-3256

On February 12, 2004, a panel of the Virginia State Bar Second District Committee, Section I, issued an admonition with terms to Robert Charles Neeley, Jr., for failing to note an appeal of his client's conviction after he was appointed to do so and for failing to advise his client about the appeal. The panel ordered Mr. Neeley to retain the Virginia State Bar's risk manager to evaluate his law office procedures and to implement the risk manager's recommendations.

go to opinion (PDF posted 3/9/04)*

February 17, 2004

Wilber Thurston Harville, One Columbus Center, Suite 600, Virginia Beach, Virginia 23462

VSB Docket No. 03-021-0331

On February 12, 2004, a panel of the Virginia State Bar Second District Committee, Section I, dismissed charges of misconduct against Wilber Thurston Harville.

go to opinion (PDF posted 3/9/04)*

February 13, 2004

Ronald Albert Robinson, Jr., Esquire, P.O. Box 4987, Woodbridge, VA 22194-4987

VSB Docket Number 02-052-3288 and 03-052-1294

On January 20, 2004, the Fifth District, Section II, imposed a public reprimand with terms and an admonition with terms to Ronald Albert Robinson, Jr. for misconduct in two matters.

The committee issued a public reprimand with terms for failing to handle a bankruptcy case competently and diligently and for failing to keep his clients informed. Mr. Robinson's clients eventually had to hire another attorney to conclude the bankruptcy. The committee ordered Mr. Robinson to reimburse the clients for the expense of hiring the second attorney.

The committee issued an admonition with terms to Mr. Robinson for violating Rules of Professional Conduct relating to diligence, client communication, and attorney's fees in a child custody matter. Mr. Robinson was hired to seek modification of a visitation order. He did not appear at several hearings and required his client to hire other counsel for one hearing. Mr. Robinson had no billing system and could not provide his client with an itemized bill.

go to opinion 3288 (posted 2/20/04)

go to opinion 1294 (posted 2/20/04)

February 13, 2004

Christian Jarrell Griffin, 203 East Boscawen Street, Winchester, VA 22601

VSB Docket Nos. 02-070-1142, 02-070-3507 and 03-070-2941

On February 12, 2004, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Christian Jarrell Griffin for violating the Rule of Professional Conduct governing trust accounts. The board found that, for at least two and a half years, Mr. Griffin did not have a separate fiduciary account and commingled operating, personal, and trust funds in one bank account. This was an agreed disposition of the charges against Mr. Griffin.

go to opinion (posted 2/19/04)

February 12, 2004

Judith MacLachlan Herndon, P.O. Box 6074, Charlottesville, VA 22906

VSB Docket No. 03-070-0771

On February 9, 2004, Judith MacLachlan Herndon consented to the revocation of her license to practice law. At the time of the revocation, there were disciplinary charges pending against Ms Herndon for closing her law practice without notifying her client, opposing counsel, or the court, and for abandoning her client's case.

go to opinion (posted 2/12/04)

go to statement of facts (posted 2/12/04)

February 12, 2004

Roger Jeffrey McDonald, 4335 Cox Road, Glen Allen, VA  23060

VSB Docket #01-000-0634

On February 10, 2004, the Virginia State Bar Disciplinary Board imposed a $5,000.00 penalty on Roger Jeffrey McDonald for violations of the Consumer Real Estate Settlement Protection Act [CRESPA]. Mr. McDonald acted as the settlement agent in 158 residential real estate closings during a six-month period in which he was not registered with the Virginia State Bar. His registration as a settlement agent had been closed because of the cancellation of his surety bond. This was an agreed disposition of the charges against Mr. McDonald.

go to opinion (posted 2/19/04)

February 11, 2004

David Albert Powers, III, P.O. Box 116, Chesterfield, Virginia 23832-0116

VSB Docket No. 03-033-1314

On February 10, 2004, the Virginia State Bar Third District Committee, Section III, issued a public reprimand with terms to David Albert Powers, III.  The committee found that Mr. Powers failed to provide competent and diligent representation, failed to keep his client informed about the status of his appeal, and failed to promptly comply with his client's requests for information. In addition, the committee found that Mr. Powers made false statements to the Virginia Court of Appeals and to the Virginia State Bar.

go to opinion (posted 3/12/04)

January 28, 2004

Joel Atlas Skirble, 6316 Castle Place, Suite 300, Falls Church, VA  22044

VSB Docket No. 00-053-2925

On January 21, 2004, a three-judge court ordered the imposition of an admonition with terms on Joel Atlas Skirble. This was an agreed disposition of misconduct charges that resulted from Mr. Skirble's handling of a personal injury claim. Among other violations of the Virginia Code of Professional Responsibility, the three-judge circuit court found that Mr. Skirble failed to keep his client reasonably informed and failed to carry out his contract of employment with his client. The terms of Mr. Skirble's discipline require that he attend continuing legal education programs in ethics and that he engage a law office management consultant.

go to opinion (posted 1/29/04)

 

January 23, 2004 * **

Robert Dean Eisen, 125 St. Paul's Boulevard, Suite 503, Norfolk, Virginia 23510

VSB Docket Nos. 01-022-0845, 01-022-1356, 01-022-2414, 02-022-1800, 02-022-2844 and 02-022-4096

On January 22, 2004, the Virginia State Bar Disciplinary Board revoked Robert Dean Eisen's license to practice law. The board found that Mr. Eisen was out of trust in regard to two clients, converted client funds, failed to appropriately deposit or maintain advance fee payments for several clients, neglected client matters, failed to communicate with clients and failed to keep appropriate account records. The board rejected the assertion that the misconduct was related to a disability Mr. Eisen suffered in November of 2002.

go to opinion (PDF posted 3/9/04)*

*On April 7, 2004, Mr. Eisen filed an appeal to the Supreme Court of Virginia.

**On June 24, 2004, the Virginia Supreme Court dismissed the appeal filed by Mr. Eisen.

January 14, 2004
 
Kelly Ralston Dennis, 6723 Whittier Avenue, Suite 302, McLean, VA  22101
VSB Docket No. 02-051-0752

 
On January 7, 2004, a subcommittee of the Virginia State Bar Fifth District Committee, Section I, issued a public reprimand with terms to Kelly Ralston Dennis.  Mr. Dennis was dismissed by clients he represented in an estate matter.  The clients requested an itemized bill and a refund of unearned fees.  Mr. Dennis was unable to provide either. In response to a subpoena from the Virginia State Bar, Mr. Dennis admitted that he had no trust account records for the case because he had deposited the fee into his operating account and that he could not provide an itemized bill because he kept his time records on the cover of the file, which had been returned to the clients. This was an agreed disposition of misconduct charges against Mr. Dennis.

go to opinion (posted 1/15/04)

January 14, 2004
 
Kenneth Hammond Taylor, 1844 Timberly Waye, Richmond, VA 23233
VSB Docket No. 03-033-2774

 
            On January 13, 2004, the Third District Committee, Section III, issued a public reprimand with terms to Kenneth Hammond Taylor.  Mr. Taylor did not complete an ERISA matter and did not return the unearned retainer due his client.  The committee found that Mr. Taylor did not act with reasonable diligence and promptness or provide the thoroughness and preparation necessary for competent representation.  The committee also found that Mr. Taylor took no steps to protect his client's interests.

go to opinion (posted 2/11/04)

January 9, 2004

Edith Charmaine Gray, 10719 Maple Street, Fairfax, VA 22030

VSB Docket Nos. 02-052-2811 and 02-052-2877

On January 6, 2004, by agreed disposition, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Edith Charmaine Gray. As a agent for Lender's Services, Inc., Ms Gray received approximately 70 residential loans closings in a three week period. She had no staff and was unable to handle the volume of work. She attempted to close 34 of the loans but was late in disbursing funds. Lender's Services Inc. and the title insurance company retrieved the files and either completed the closings or transferred the files to another attorney.

go to opinion (posted 1/9/04)

 

Disciplinary Actions January 2002 - June 2002

Disciplinary Actions July 2001 - December 2001

Disciplinary Actions January 2001 - June 2001

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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