Disciplinary Actions

   
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Disciplinary System Actions Taken by the
Virginia State Bar

January 2006 – June 2006

(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 07/28/2006

 

 


 

June 30, 2006

Bruce Patrick Ganey, 10985 Richardson Road, P.O. Box 6006, Ashland, VA 23005

VSB Docket No. 02-060-2490

On December 8, 2005, a three-judge panel sitting in Hanover County Circuit Court affirmed the prior decision of the Virginia State Bar Sixth District Committee to publicly reprimand Bruce Patrick Ganey for ethical violations arising from his work as a special commissioner in a partition suit in Hanover County. The court affirmed that Mr. Ganey failed to handle the matter diligently, failed to communicate and charged an unreasonable fee. The court dismissed one charge of misconduct for lack of evidence. Mr. Ganey filed a notice of appeal to the Supreme Court of Virginia but the appeal was dismissed upon his failure to file a petition for appeal.

link to previous Ganey summaries

 

June 28, 2006

Aleasa Dawn Leonard,Office of Public Defender, 2425 George Mason Drive, P.O. Box 6160, Virginia Beach, VA 23456

VSB Docket Numbers: 05-022-1248, 05-022-1253, 05-022-1255, 05-022-1263, 05-022-2415, 05-022-2414, 05-022-1983, 05-022-1249, 05-022-1256

On June 27, 2006, the Virginia State Bar Second District Committee, Section II, imposed a public reprimand with terms on Aleasa Dawn Leonard for defaulting on criminal appeals. Leonard repeatedly missed appeal deadlines, causing the appeals to be dismissed before they could be considered on their merits. Leonard also failed to advise her clients of the dismissals. The committee required Ms. Leonard to take additional hours of continuing legal education in appellate practice and legal ethics. This was an agreed disposition of misconduct charges against Ms. Leonard.

go to determination (PDF posted 06/29/06)*  

 

June 23, 2006

William Theodore Linka, Richmond Criminal Law, 7 South First Street, Richmond, Virginia 23219

VSB DOCKET NOS. 05-033-0959; 05-033-2226; 05-033-2295; 05-033-2296; 05-033-4238; 06-033-1513; 06-033-1737

On June 23, 2006, the Virginia State Bar Disciplinary Board imposed a public reprimand with terms on William Theodore Linka in seven cases of procedural defaults in criminal appeals. Mr. Linka acknowledged the truth of the charges. The terms require him to hire a risk management consultant, purchase a docket control program, work under supervision of all criminal appeals for a ninety-day period and take additional continuing legal education. This was an agreed disposition of misconduct charges against Mr. Linka.

go to Linka order (PDF posted 07/12/06)*

 

June 22, 2006

Jeremy Clyde St. James Sharp, 710 North Hamilton Street, Richmond, Virginia 23221

VSB Docket No. 06-033-3390

On June 19, 2006, the Virginia State Bar Disciplinary Board revoked Jeremy Clyde St. James Sharp’s license to practice law.  Mr. Sharp acknowledged as true federal charges in the Eastern District of Virginia that he conspired to distribute marijuana in 2004 and 2005.

go to consent to revocation (PDF posted 06/22/06)*

 

June 20, 2006

Khalil Wali Latif, P.O. Box 5300, Midlothian, Virginia 23112-0022

VSB Docket Nos. 04-031-3237, 05-031-0466, 05-031-3674, 05-031-0082,04-031-0899,

05-031-03226,06-000-0741,05-031-2868,05-031-4699

On June 16, 2006, the Virginia State Bar Disciplinary Board suspended Khalil Wali Latif’s license to practice law for one year & one day. The board found he had committed misconduct by engaging in misrepresentation, failing to represent his clients diligently, failing to deposit client funds in a trust account and properly maintain trust account records, failing to return client funds and files, failing to communicate with his clients, and failing to protect clients’ interests when representation ended. Mr. Latif currently is under a two-year suspension for other misconduct. The new suspension will begin October 27, 2006. He will eligible for reinstatement on October 28, 2007. Mr. Latif is required to pay $3,350 in restitution to three individuals by August 1, 2006. Before he may resume private practice, he must complete six hours of continuing legal education in ethics and trust account management, and he must hire a law office management consultant, follow the consultant’s advice, and pay the consultant. If, he fails to comply with any terms, the board may revoke his license. This was an agreed disposition of misconduct charges against Mr. Latif.

go to final order (PDF posted 07/07/06)

 

June 20, 2006

Serguei Danilov, Suite 1020, 8350 Greensboro Drive, McLean, VA 22102

VSB Docket No. 06-000-3896

The Virginia State Bar Disciplinary Board revoked Serguei Danilov’s license to practice law, effective June 20, 2006. Mr. Danilov consented to the revocation after informing the Virginia State Bar that he had pleaded guilty in United States District Court for the District of Maryland, Northern Division, to one count of conspiracy to commit immigration fraud, and that as part of his plea agreement he agreed to surrender his license to practice law in Virginia.

go to order (PDF posted 06/21/06)*

 

June 12, 2006

Theresa Brumback Berry, Esq., P.O. Box 9782, Virginia Beach, VA 23450

VSB Docket Nos. 05-022-3153, 05-022-3154, 05-022-2521, 05-022-3155,05-022-4414

On June 8, 2006, the Virginia State Bar Disciplinary Board suspended Theresa Brumback Berry’s law license for fifteen days, effective June 30, 2006. The board found that Ms. Berry violated rules of competence and diligence in committing repeated procedural errors that resulted in the appeals of five criminal defendants being dismissed without the courts considering the merits of the matters. This was an agreed disposition of pending misconduct charges against Ms. Berry.

go to Final Order (pdf posted 06/19/06)*

 

June 1, 2006

Denise Ann Maniscalco, The Maniscalco Law Firm, Suite 103, 1325 18 th Street, NW, Washington, DC 20036

VSB Docket Nos. 06-051-3426, 06-051-3224, 06-051-2961, 06-051-2397

On May 31, 2006, the Virginia State Bar Disciplinary Board revoked Denise Ann Maniscalco's license to practice law.   The board suspended her license in November 2004, and she has not been eligible to practice since that time.   Ms Maniscalco consented to the revocation and admitted charges in four pending disciplinary cases. The four cases arose from misconduct that occurred before her 2004 suspension, as well as misconduct while she was working as a paralegal after the suspension.   The pending charges included stealing client and employer funds; signing her employer's name to an immigration appeal without his permission; accepting employment and fees in three immigration matters and never filing the necessary paperwork; and misrepresenting the status of the immigration matters to the clients.

go to Consent to Revocation (pdf posted 06/02/06)*

 

June 1, 2006     *

Darren Scott Haley, 5 Westin Street, Taylors, South Carolina  29687

VSB Docket No. 06-000-3730

On May 25, 2006, the Virginia State Bar Disciplinary Board suspended Darren Scott Haley's license to practice law in Virginia. The board's action was a response to the suspension of Mr. Haley's South Carolina license for thirty days by the Supreme Court of South Carolina because of ethical violations in nine matters. The misconduct included neglect, failure to communicate with clients, and signing a client's name to a legal document without the client's authorization. Mr. Haley was ordered to appear before the board on June 23, 2006, to show cause why the same discipline should not be imposed in Virginia.

*On June 23, 2006, the Virginia State Bar Disciplinary Board suspended Mr. Haley's license to practice law for thirty days effective May 25, 2006.

go to Haley Order (pdf posted 07/17/06)*

 

May 26, 2006

Arlene Lavinia Pripeton, Arlene Lyles Pripeton, P.C., Suite B, 10195 Main Street, Fairfax, Virginia 22031-3414

VSB Docket No. 05-053-3412

On May 23, 2006, the Virginia State Bar's Fifth District Committee, Section III, imposed a public reprimand with terms on Arlene Lavinia Pripeton.   Ms. Pripeton was retained to secure payment of child support and to collect past-due support payments. Ms. Pripeton ceased any work on the client's matter after the client received one payment. Ms. Pripeton testified that she believed the client wished no further action, and that she eventually destroyed the client's file.   The committee determined that Ms. Pripeton failed to act with diligence, failed to keep her client informed about the case, failed to protect her client's interests and furnish her client with file materials at the conclusion of the representation, and failed to respond to a bar complaint. Ms. Pripeton must refund the client's legal fee, hire a law-office management consultant and attend a continuing legal education program.   If she fails to comply with the terms, her case will be referred to the VSB Disciplinary Board for possible suspension of her law license.

 

May 26, 2006

Arlene Lavinia Pripeton, Arlene Lyles Pripeton, P.C., Suite B, 10195 Main Street, Fairfax, Virginia 22031-3414

VSB Docket No. 05-053-2613

On May 23, 2006, the Virginia State Bar’s Fifth District Committee, Section III, imposed a public reprimand on Arlene Lavinia Pripeton. While representing a client in a Child Protective Services matter, Ms. Pripeton failed to act with diligence, intentionally failed to carry out a contract with her client for professional services, failed to keep her client informed about his case, failed to deposit the advanced legal fee in her trust account, failed to account to her client regarding legal fees and to promptly refund unearned fees, and failed to respond to a bar complaint. This is an agreed disposition of misconduct charges against Ms. Pripeton.

go to Pripeton order (pdf posted 06/09/06)*

 

May 19, 2006

James Kevin Clarke, Two North Fifth Street, Richmond, VA 23219-2218

VSB Docket No. 05-031-2388

On May 19, 2006, the Virginia State Bar Disciplinary Board, dismissed charges of misconduct against James Kevin Clarke for lack of clear and convincing evidence.

 

May 12, 2006

James Pearce Brice, Jr., Suite 217, 3500 Virginia Beach Boulevard, Virginia Beach, Virginia 23452

VSB Docket Nos. 05-021-1980, 05-021-3317, and 05-021-4863

On May 11, 2006, the Virginia State Bar Second District Committee, Section I, imposed three public admonitions with terms on James Pearce Brice Jr. The committee found that Mr. Brice displayed a lack of competence in a personal injury case and a lack of competence and diligence in a court-appointed criminal matter. It also found that he failed to respond to Virginia State Bar complaints in two of the three cases.

go to Brice Determination (PDF posted 05/19/06)*

 

May 12, 2006

Jerry Carlos Lyell, Suite 210, 200A Monroe Street, Rockville, MD 20850

VSB Docket No. 05-041-1667

On May 10, 2006, the Virginia State Bar's Fourth District Committee, Section I, imposed a public reprimand on Jerry Carlos Lyell for misconduct in a court-appointed criminal defense case. Mr. Lyell knowingly allowed a client to falsely identify himself to the court, after recommending to the client that he sign a plea memorandum with a name which Mr. Lyell knew to be fictitious. At sentencing, Mr. Lyell asked the judge to correct the record. Mr. Lyell failed to explain the circumstances of, and accept responsibility for, advising his client to use the fictitious name at the time his guilty plea was entered.

go to Lyell order (pdf posted 06/09/06)*

 

May 12, 2006

Bradley Glenn Pollack, 148 North Main Street, Woodstock, VA 22664

VSB Docket Nos. 02-070-1010, 02-070-3093, 02-070-3767

Effective May 4, 2006, a three-judge panel of the Shenandoah County Circuit Court suspended Bradley Glenn Pollack's license to practice law for two years for misconduct in civil and criminal cases. Mr. Pollack filed two frivolous lawsuits, one of which was intended to promote his own political interests in opposing a judicial candidate. The court found that Mr. Pollack made scurrilous and unfounded remarks about the integrity and qualifications of a judge. The court found that Mr. Pollack’s contacts with witnesses and victims in criminal cases constituted obstruction. He violated a court ruling by walking out during a trial of his client. The court also found he neglected his duties for more than three years by not finalizing required accountings in a series of foreclosures. The three judge circuit court entered the two year suspension after Mr. Pollack unsuccessfully appealed the suspension order of March 14, 2005, to the Virginia Supreme Court.

go to prior proceedings

 

May 10, 2006

Charles Everett Malone, Suite 1218, 500 East Main Street, Norfolk, Virginia 23510

VSB Docket Numbers 05-021-0922, 05-021-2018, 05-021-2184, 05-021-2186, 05-021-2603, 05-021-2623, 05-021-2810, 05-021-2929 and 05-021-3029

The Virginia State Bar Disciplinary Board revoked Charles Everett Malone’s license to practice law, effective May 10, 2006. Mr. Malone consented to the revocation and admitted the charges in nine pending disciplinary cases. The pending charges included: failure to properly maintain his attorney trust account; failure to deposit, account for, or return client funds; conversion of client funds; failure to perfect appeals; and failure to respond to numerous bar complaints. Mr. Malone’s license was suspended for earlier misconduct at the time of the revocation.

go to consent to revocation (PDF posted 05/26/2006)*

 

May 8, 2006

Alvin Lewis Lowery, Jr., Suites 105 & 205, 1259 Courthouse Road, Stafford, Virginia 22554

VSB Docket No. 04-060-2388

On May 5, 2006, a three-judge court in Stafford County Circuit Court imposed a public admonition on Alvin Lewis Lowery Jr. for violating the Rules of Professional Conduct in a divorce case. Mr. Lowery misrepresented that he did not have proceeds from a house sale in his trust account when, in fact, he had about $3,700 of proceeds in the account. A related charge that alleged trust account mismanagement was dismissed.

go to opinion (PDF posted 07/06/06)*

 

May 4, 2006

Dorothea Patricia Kraeger, Esquire, 1135 East Coronado Road, Phoenix, AZ 85006

VSB Docket No. 06-000-3439

On April 28, 2006, the Virginia State Bar Disciplinary Board suspended Dorothea Patricia Kraeger's license to practice law in Virginia. The board's action resulted from an order of the Supreme Court of Arizona suspending Ms Kraeger's Arizona license for four years and placing her on probation for two years following reinstatement. The Arizona suspension was based on ethical violations in seventeen matters, primarily immigration cases. The board ordered Ms Kraeger to appear on May 19, 2006, and show why the same discipline that was imposed in Arizona should not be imposed in Virginia.

go to Kraeger final summary (pdf posted 05/17/06)*

go to Kraeger final order (pdf posted 05/18/06)*

 
May 4, 2006

Patrick John Blackburn, P. O. Box 232286, Anchorage, AK 99523-2286

VSB Docket No. 06-000-3412

On April 28, 2006 the Virginia State Bar Disciplinary Board suspended Patrick John Blackburn's license to practice law in Virginia and ordered him to show why his license should not be revoked. The board's action resulted from an order of the Supreme Court of Alaska disbarring Mr. Blackburn in that state. The disbarment order was based upon seventeen grievances filed within a four month period by clients, judges, and other Alaska attorneys. It recites violations of neglect; failure to communicate; failure to account for or deliver client funds; violation of court orders and rules; criminal conduct reflecting on honesty, trustworthiness, or fitness; and deceit, dishonesty, fraud, or misrepresentation.

*On May 19, 2006, the Virginia State Bar Disciplinary Board revoked Mr. Blackburn's license to practice law.

go to Blackburn order (PDF posted 07/12/06)* 

 

April 28, 2006

 David Ashley Grant Nelson, 2819 Lorcom Lane, Arlington, Virginia 22207

 VSB Docket Nos. 05-090-1355; 05-090-1665; and 06-090-1542

On April 28, 2006, the Virginia State Bar Disciplinary Board revoked David Ashley Grant Nelson's license to practice law, effective immediately, for misconduct in cases that involved a no-fault divorce, a speeding ticket and spousal support. The board found that Mr. Nelson had not handled client matters diligently and failed to keep his clients reasonably informed about the status of their cases. In one matter, Mr. Nelson's failure to comply with a court order to appear at a hearing resulted in a capias warrant for his arrest that remains outstanding.  In addition, the board found that Mr. Nelson failed to keep proper trust account records and that he used his trust account for his personal business

go to Nelson Opinion (posted 05/11/06)*

 

April 28, 2006

Dwayne Bernard Strothers, 130 Commerce Street, Suffolk, Virginia 23434

VSB Docket Nos. 05-010-1033, 05-010-1540 and 05-010-3013

On April 27, 2006, the Virginia State Bar Disciplinary Board suspended Dwayne Bernard Strothers's license to practice law for two years for misconduct in cases involving alleged discrimination, a criminal appeal and a divorce. The board found that Mr. Strothers violated numerous disciplinary rules by not depositing advance fees into his trust account, failing to communicate reasonably with clients, not pursuing cases diligently and not protecting his client's interest when he withdrew from the case, among other violations. The board gave Mr. Strothers forty-five days to wind down his law practice; he may not take on new clients or legal work during that period. The two-year suspension goes into effect June 12, 2006, and will run consecutively with a prior ninety-day suspension, which is currently on appeal. This was an agreed disposition of misconduct charges against Mr. Strothers.

go to Strothers Order (pdf posted 05/04/06)*

 

April 28, 2006

John V. Buffington, Jr., 4730 Oakland Street, Philadelphia, Pennsylvania 19124-2941

VSB Docket 06-000-3411

On April 28, 2006, the Virginia State Bar Disciplinary Board summarily suspended the license of John V. Buffington, Jr. The suspension was based upon the decision of the U.S. District Court for the Eastern District of Pennsylvania to suspend for six months Mr. Buffington's license to practice law in that court. Mr. Buffington is ordered to appear before the Virginia State Bar Disciplinary Board on May 19, 2006, to show cause why the same discipline that was imposed in the other jurisdiction should not be imposed by the Board.

*On May 19, 2006, the Virginia State Bar Disciplinary Board suspended Mr. Buffington's license to practice law for six months.

go to Buffington Final Order (pdf posted 06/06/06)*

 

April 28, 2006

Antonio Pierre Jackson, 113 North Virginia Street, Farmville, VA 23901

VSB Docket Nos. 05-090-3659, 05-090-4266, and 05-090-4412

On April 25, 2006, the Virginia State Bar's Ninth District Committee imposed a public admonition with terms on Antonio Pierre Jackson for misconduct in his court-appointed representation of three appeals to the Virginia Court of Appeals. The committee found he violated ethical rules that govern competence, diligence and communication.  Mr. Jackson must take additional continuing legal education courses in ethics or appellate practice. If he does not comply, he will receive a public reprimand with the same requirement. If he continues to fail to comply, the VSB Disciplinary Board will review his sanctions. This was an agreed disposition of misconduct charges against Mr. Jackson. 

go to Jackson Order (pdf posted 05/03/06)*

 

April 17, 2006

Conrad Charles Lewane, 9401 Treetop Lane, Richmond, VA 23229-6241

VSB Docket Nos. 04-033-3756, 06-033-1424

On April 13, 2006, the Third District Committee, Section III, imposed a public admonition with terms on Conrad Charles Lewane for violations of the Rules of Professional Conduct dealing with competence and diligence in his administration of an estate. A show-cause proceeding against Mr. Lewane was dismissed.

go to Public Admonition with Terms (PDF posted 05/26/06)*

 

April 17, 2006

Wayne Trivette Horne, P.O. Box 935, Grundy, VA 24614

VSB Docket No. 05-102-3027; Case No. 77-06

On April 12, 2006, a three-judge panel in Buchanan County Circuit Court imposed a public reprimand with terms on Wayne Trivette Horne. The judges found, among other things, that Mr. Horne failed to provide competent representation to a court-appointed criminal defendant. He improperly quoted a fee of $2,500 to proceed with an appeal of the court-appointed case. He also accepted $400 and made an oral motion before the court for a sentence reduction without determining his client's eligibility for a reduction; the court lacked jurisdiction to entertain the motion. Mr. Horne must refund the $400 fee to the complainant's father; he is prohibited from practicing criminal law for eighteen months, effective April 12, 2006; he must notify current clients and courts of the prohibition; and he must complete thirty hours of additional continuing legal education courses on criminal law before he may return to the practice of criminal law. 

 go to Final Order (pdf posted 06/19/06)*

April 14, 2006

John W. Wescoat, 16418 Courthouse Road, Post Office Box 97, Eastville, VA 23347-0097

VSB Docket No. 05-021-0107

On April 13, 2006, the Virginia State Bar Second District Committee, Section I, imposed a public admonition on John W. Wescoat for failing to respond to several letters of inquiry from his client and failing to pursue his client's appeal in a competent manner.

go to Wescoat Determination (pdf posted 05/08/06)*

 

April 14, 2006

Del M. Maurhine Brown, Post Office Box 1506, Prince George, VA 23875

VSB Docket No. 05-021-4570

On April 7, 2006, the Virginia State Bar Second District Committee, Section I, imposed a public admonition on Del M. Maurhine Brown for failing to attend to an estate matter, failing to communicate with her client, and failing to respond to two letters of inquiry from the Virginia State Bar. This is an agreed disposition of misconduct charges against Ms. Brown.

go to Brown Determination (pdf posted 04/19/06)*

 

April 14, 2006  * **

Alexander Riddick Iden, 5 North Kent Street, Winchester, Virginia 22601

VSB Docket No. 05-070-0485

On April 11, 2006, the Virginia State Bar's Seventh District Committee imposed a public admonition on Alexander Riddick Iden for violating Rules of Professional Conduct concerning restricting a party's access to evidence and information. In preparing for a habeas corpus proceeding, and acting on the advice of the Office of the Attorney General, Mr. Iden, the Commonwealth's Attorney for the City of Winchester, sent a letter to the jurors of the earlier capital murder case in which the defendant was sentenced to death. The letter suggested that representatives of the death row inmate might contact the jurors, without clearly identifying themselves, and might try to give the impression that they were working on behalf of the commonwealth or the court.  The letter instructed the jurors to contact the commonwealth's attorney's office before talking to such persons about the case.

go to Iden Determination (pdf posted 05/03/06)*

*On May 1, 2006, Mr. Iden filed a notice of appeal and a demand for a three judge court.

go to Exhibits 1 and 2 (pdf posted 05/12/06)*

**On October 18, 2006, a three judge panel of the Circuit Court of the City of Winchester dismissed the findings of misconduct against Mr. Iden as being contrary to law.

 

April 10, 2006    *

Dwayne Bernard Strothers, 130 Commerce Street, Suffolk, Virginia, 23434

VSB Docket Nos. 06-010-1577

On April 10, 2006, the Virginia State Bar Disciplinary Board suspended 'Dwayne Bernard Strothers' license to practice law for failure to respond to a bar subpoena duces tecum.

*On April 28, 2006, the Disciplinary Board lifted the suspension on Mr. Strothers.

 

March 31, 2006

Reginald Michael Harding, 5670 Gates Landing Road, Virginia Beach, Virginia 23464

VSB Docket No. 06-000-2741

On March 27, 2006, the Virginia State Bar Disciplinary Board suspended Reginald Michael Harding's license to practice law in Virginia indefinitely on impairment grounds.

 

March 29, 2006

Cynthia Dawn Garris, 132 West Olney Road, Norfolk, Virginia 23510

VSB Docket Nos. 05-021-3150, 05-021-3151, and 05-021-3152

On March 24, 2006, the Virginia State Bar Second District Subcommittee, Section I, imposed a public admonition on Cynthia Dawn Garris for failing to perfect criminal appeals in three court-appointed cases. This is an agreed disposition of misconduct charges against Ms. Garris.

go to Garris Order (pdf posted 03/30/06) 

 

March 27, 2006

Wade Anthony Jacobson, P.O. Box 70773, Richmond, VA 23225-0773

VSB Docket No. 06-033-0404

On March 23, 2006, the Virginia State Bar Disciplinary Board revoked Wade Anthony Jacobson's license to practice law. He consented to the revocation and acknowledged that he could not defend himself against misconduct charges alleged in eleven pending disciplinary cases. Mr. Jacobson abandoned his law practice and failed to inform his clients and the courts before which he had cases. The cases included personal injury and other litigation, Social Security disability and criminal matters, including appeals. His license has been suspended since July 2005 for failure to respond to a subpoena duces tecum during investigation of bar complaints.

go to Jacobson Order (pdf posted 03/30/06)* 

 

March 24, 2006

Danny Shelton Shipley, 1st VA Bank Tower, Suite 1410, 555 East Main Street, Norfolk, VA 23510-2213

VSB Docket No. 05-021-3964

On March 22, 2006, the Virginia State Bar Second District Committee, Section I, imposed a public admonition with terms on Danny Shelton Shipley for failing to perfect a criminal appeal for a court-appointed client. Mr. Shipley must hire a risk manager to audit his practice, and comply with the manager's recommendations. This is an agreed disposition of misconduct charges against Mr. Shipley.

go to Shipley Order (pdf posted 05/03/06)*

 

March 22, 2006

Robert Britton Armstrong, 3 McDowell Street, Lexington, VA 24450

VSB Docket No. 06-080-0392

On March 21, 2006, the Virginia State Bar's Eighth District Committee imposed a public reprimand on Robert Britton Armstrong for representing a criminal defendant in a rape case after the alleged victim sought legal advice from him about the crime, resulting in an impermissible conflict of interest.  Mr. Armstrong must withdraw immediately from the representation and take additional training in legal ethics. This was an agreed disposition of misconduct charges against Mr. Armstrong.

go to Armstrong Order (pdf posted 05/03/06)

 

March 22, 2006

Robert Gerald Scogin, Jr. ,1515 Longview Road, Roanoke, VA 24018

VSB Docket No. 06-000-0156

On March 21, 2006, the Virginia State Bar Disciplinary Board suspended the law license of Robert Gerald Scogin Jr. for four months, effective April 1, 2006, following his guilty plea to possession of cocaine as a first offender. Mr. Scogin must participate in a two-year rehabilitation and monitoring program with Lawyers Helping Lawyers. This was an agreed disposition of misconduct charges against Mr. Scogin.

go to Scogin Order (pdf posted 03/30/06) 

 

March 14, 2006    *

David Charles Dickey, P.O. Box 218, Standardsville, VA 22973-0218

VSB Docket No. 05-070-4823

On March 14, 2006, the Virginia State Bar Disciplinary Board suspended David Charles Dickey's license to practice law for failure to respond to a bar subpoena duces tecum.

*On March 31, 2006, Mr. Dickey fully complied with the subpoena duces tecum and the suspension was lifted on April 3, 2006.

 

February 24, 2006

Reginald Michael Harding, 5670 Gates Landing Road, Virginia Beach, Virginia 23464

VSB Docket Nos. 04-010-2243, 05-010-1728, 05-010-3005, and 05-010-4515

On February 24, 2006, the Virginia State Bar Disciplinary Board summarily suspended Reginald Michael Harding's license to practice law indefinitely. Four pending misconduct cases were also continued.

 go to Harding Order (pdf posted 03/17/06) 

go to Harding Order (pdf posted 03/30/06) 

 

February 24, 2006

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

VSB Docket No. 06-000-2392

On February 22, 2006, the Virginia State Bar Disciplinary Board suspended Frederick Lockhart Caldwell, Sr.'s license to practice law in Virginia indefinitely on impairment grounds.

 go to Caldwell Order (pdf posted 02/24/06)

 

February 24, 2006

Walter Ballard Harris, Petersburg Public Defender's Office, 2nd Floor, 105 Marshall Street, Petersburg, VA 23803-4544

VSB Docket Nos. 05-031-2389 and 05-031-4440

On February 1, 2006, the Virginia State Bar's Third District Committee, Section I, imposed a public reprimand with terms upon Walter Ballard Harris for failing to properly perfect appeals on behalf of court-appointed clients, and subsequently failing to tell them the appeals had been dismissed. Mr. Harris must refrain for eighteen months from perfecting appeals on behalf of clients, and he must take additional training in criminal appeals. If he does not comply, his license will be suspended for sixty days.

 go to Harris Order (pdf posted 02/24/06) 

 

February 10, 2006

Harry Wayne Brown, 335 West Church Avenue, Roanoke, VA 24016

VSB Docket Nos. 04-080-2244 and 04-080-3063

On February 10, 2006, the Virginia State Bar Disciplinary Board imposed two admonitions with terms on Harry Wayne Brown in connection with two separate bankruptcy representations.  Mr. Brown failed to handle the cases diligently, failed to communicate with his client adequately, and failed to explain the bankruptcy court's instructions to one client.  As a result, each client's bankruptcy case was dismissed without prejudice.  Under the terms of the sanctions, Mr. Brown must consult with a law office management consultant, revise his fee agreement to comply with the Rules of Professional Conduct, and take six hours of live MCLE courses in ethics and bankruptcy law.  These hours will not count toward his annual CLE requirement.  In each case, if Mr. Brown fails to comply with the imposed terms, his law license may be suspended for ten days.  This was an agreed disposition of misconduct charges against Mr. Brown.

go to Final Order (pdf posted 02/17/06)

 

February 10, 2006

Cynthia Ann Johnson, Esq., 8623 Reseca Lane, Springfield, VA 22152

VSB Docket No. 05-070-1412

On February 9, 2006, the Virginia State Bar's Seventh District Committee imposed a public reprimand with terms on Cynthia Ann Johnson. Ms. Johnson, while representing a husband in a divorce proceeding, communicated with and executed a separation agreement with the client's wife without permission of the wife's attorney. Ms. Johnson's client brought his wife, who has advance stages of multiple sclerosis and uses a wheelchair, to Ms. Johnson's office for the signing of the agreement, which Ms. Johnson did not review. After the opposing attorney told her he had filed a bar complaint in the matter, Ms. Johnson told him that her client would destroy the original agreement and another signing would be scheduled. The committee found she committed misconduct by not properly supervising her legal secretary and by communicating with a represented party without consent. Under the terms of the reprimand, Ms. Johnson must take additional courses in legal ethics and review several legal ethics opinions. This was an agreed disposition of misconduct charges against Ms. Johnson.

 go to Johnson Determination (pdf posted 02/24/06) 

 

February 9, 2006

James Thomas Lloyd Jr., #5, 824 Brandon Avenue, Norfolk, Virginia 23517-1647

VSB Docket Number 06-021-1152

The Virginia State Bar Disciplinary Board revoked James Thomas Lloyd Jr.'s license to practice law, effective February 7, 2006. At the time, the bar was investigating allegations that he had misused funds from the escrow account of a law firm for personal purposes. Mr. Lloyd admitted that the material facts behind the allegations of misconduct were true, and he consented to the revocation.

 go to Affidavit Consent to Revocation (pdf posted 02/13/06)

February 8, 2006     * ** ***

Arnold Reginald Henderson V, Arnold Henderson & Associates, Suite 102, 115 East Franklin Street, Richmond, VA 23219

VSB Docket No. 06-032-0837

On January 27, 2006, the Virginia State Bar Disciplinary Board imposed a fourteen day suspension on Arnold Reginald Henderson V's license to practice law for failure to comply with the terms of a previous public reprimand. The suspension will be effective upon the entry of the board's memorandum order.

*On February 2, 2006, Mr. Henderson petitioned the Virginia Supreme Court for a stay.

**On February 16, 2006, the Virginia Supreme Court stayed the suspension pending appeal.

***On April 20, 2006, the Virginia Supreme Court lifted the stay and set May 3, 2006, as the effective date of Mr. Henderson's suspension.

go to Henderson Order (pdf posted 02/24/06)

 

February 1, 2006   *

Charles Gilman Lowry, 3937 Fort Avenue, Lynchburg, VA 24502-4713

VSB Docket No. 06-000-2270

On January 26, 2006, the Virginia State Bar Disciplinary Board suspended  Charles Gilman Lowry's license to practice law.   On January 13, 2006, he pleaded guilty in the United States District Court for the Western District of Virginia to conspiracy and wire fraud for defrauding investors out of nearly $2 million. On February 24, 2006, the board will consider whether Mr. Lowry's license should be further suspended or revoked.

*On February 24, 2006, the Virginia State Bar Disciplinary Board revoked Mr. Lowry's license to practice law.

 

February 1, 2006   *

Thomas Wesford Kinnane, 959 Blue Fox Way, Arnold, MD   21012

VSB Docket No. 06-000-2276

On January 27, 2006, the Virginia State Bar Disciplinary Board suspended Thomas Wesford Kinnane's license to practice law, in response to the revocation of his Maryland law license. Maryland disciplinary authorities found that he had improperly paid himself a fee in a fee-splitting arrangement of a retainer he held in trust. Mr. Kinnane was convicted in a Harris County, Texas, court on criminal charges related to the improper payment, and the Maryland Court of Appeals determined the conviction reflected adversely on his fitness to practice.   Mr. Kinnane was ordered to appear before the Virginia board on February 24, 2006, to show cause why his Virginia license should not be similarly revoked.

*On February 24, 2006, the Virginia State Bar Disciplinary Board revoked Mr. Kinnane's license to practice law.

go to Opinion (pdf posted 03/06/06)

January 23, 2006

Khalil Wali Latif, P. O. Box 5300, Midlothian, VA 23112-0022

VSB Docket Nos. 06-031-0572 and 06-031-0876

On January 23, 2006, the Virginia State Bar Disciplinary Board suspended Khalil Wali Latif's license to practice law for failure to respond to a bar subpoena duces tecum.

 

January 20, 2006

Marc James Small, 713 First Street, SW, Roanoke, VA 24016-4101

VSB Docket No. 06-080-1682

On January 19, 2006, the Virginia State Bar's Eighth District Committee imposed a public reprimand on Marc James Small for failing to comply with a term of an August 2005 private admonition. In that case, he conceded he had failed to deposit a client's advance legal fee for divorce representation into a trust account, and had failed an alcohol sobriety test administered while he was appearing in court. Under the terms of the admonition, Mr. Small was ordered to certify by October 5, 2005, that he had undergone an evaluation to determine if he is suffering from a substance abuse problem. He did not comply.

 go to Small Order (pdf posted 02/24/06)

 

January 17, 2006

Timothy Everett Miller, Public Defender's Office, Suite 100, 707 Gittings Street, Suffolk, VA 23434

VSB Docket No. 06-000-2186

On January 12, 2006, the Virginia State Bar Disciplinary Board suspended Timothy Everett Miller's license to practice law in Virginia indefinitely on impairment grounds.

go to opinion (pdf posted 1/26/06)

 

January 10, 2006

David Allen Downes, 14 Chester Street, Front Royal, VA 22630-3321

VSB Docket Number 04-070-3562

On January 10, 2006, the Virginia State Bar Seventh District Committee, dismissed charges of misconduct against David Allen Downes for lack of clear and convincing evidence.

 

January 5, 2006 *

Andrew Mark Steinberg, 3581 Sherbrooke Circle, Woodbridge, VA 22192

VSB Docket No. 06-000-2058

On December 28, 2005, the Virginia State Bar Disciplinary Board suspended Andrew Mark Steinberg's license to practice law in Virginia, in response to a sixty-day suspension of his District of Columbia license for failure to provide competent representation with promptness, diligence and zeal, and for failing to communicate with the client. Mr. Steinberg's reinstatement in the District is conditioned upon making restitution to the client. Mr. Steinberg was ordered to appear before the Virginia State Bar Disciplinary Board on January 27, 2006, to show cause why the same discipline should not be imposed in Virginia.

*On January 27, 2006, the Virginia State Bar Disciplinary Board suspended Andrew Mark Steinberg's license to practice law for sixty days, with reinstatement conditioned upon payment of $750 plus interest in restitution to a client.   This action was in response to a sixty-day suspension of his District of Columbia license for failure to provide competent representation with promptness, diligence and zeal, and for failing to communicate with the client. Mr. Steinberg's reinstatement in the District also is conditioned upon making restitution to the client. The Virginia board held that Mr. Steinberg did not meet his burden of proof as to why the discipline imposed in the District should not be imposed in Virginia.

go to Final Order (pdf posted 02/13/06)

 

January 5, 2006 *

James Bryan Pattison, 727 North 6th Street, Sterling, Kansas 67579

VSB Docket Number 06-000-2064

On December 29, 2005, the Virginia State Bar Disciplinary Board suspended the law license of James Bryan Pattison, in response to a one-year suspension of his license to practice law in Kansas. Kansas disciplinary authorities found he had committed misconduct in his romantic involvement with the mother of children for whom he served as guardian ad litem, by wrongfully communicating with a represented party, and by failing to appear in court on several petitions involving children in need of care. Mr. Pattison has been ordered to appear before the Virginia State Bar Disciplinary Board on January 27, 2006, to show cause why the same sanction should not be imposed in Virginia.

*On January 27, 2006, the Virginia State Bar Disciplinary Board suspended the law license of James Bryan Pattison for one year. This was in response to a one-year suspension of his license to practice law in Kansas. Kansas disciplinary authorities found he had committed misconduct in his romantic involvement with the mother of children for whom he served as a guardian ad litem, by wrongfully communicating with a represented party, and by failing to appear in court on several petitions involving children in need of care. The Virginia board held that Mr. Pattison had not met his burden of proof as to why the discipline imposed in Kansas should not be imposed in Virginia.

go to Final Order (pdf posted 02/13/06)

 

January 3, 2006

Dion Francis Richardson, Allied Arts Building, Suite 15B, 725 Church Street, Lynchburg, Virginia 24504

VSB Docket No. 06-090-0604

On December 28, 2005, the Virginia State Bar Disciplinary Board suspended Dion Francis Richardson's license to practice law for failure to respond to a bar subpoena duces tecum.

 

January 3, 2006

Kenneth Paul Mergenthal, 806 Princess Anne Street, Fredericksburg, VA 22401-5820

VSB Docket No. 06-060-0300

On December 28, 2005, the Virginia State Bar Disciplinary Board suspended Kenneth Paul Mergenthal's license to practice law for failure to respond to a bar subpoena duces tecum.

 

 


 

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