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)