Disciplinary Actions

   
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Disciplinary System Actions Taken by the
Virginia State Bar

January 2008 – June 2008

(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 February 26, 2010

 


 

 

June 25, 2008

In the Matter of Denis C. Englisby, P.O. Box 85, Chesterfield, VA 23832

VSB Docket No. 07-031-2018

On June 3, 2008, the Virginia State Bar Third District Committee, Section I, imposed a public reprimand on Denis C. Englisby for violating disciplinary rules that govern confidentiality of information and conflict of interest. Mr. Englisby sent information about a former client to the client's attorney in a different matter. When he sent the information, Mr. Englisby was representing a party adverse to the former client. This is an agreed disposition of a misconduct complaint.

view Englisby order (pdf posted 07/07/08)*

 

June 25, 2008

In the Matter of Del M. Mauhrine Brown, P.O. Box 1506, Prince George, VA 23875

VSB Docket No. 07-031-2688

On March 21, 2008, the Virginia State Bar Third District Committee, Section I, imposed a public admonition on Del M. Mauhrine Brown for missing jurisdictional deadlines in three cases before the Virginia Court of Appeals, which resulted in the cases being dismissed. Ms. Brown violated the disciplinary rule that governs diligence and promptness. This was an agreed disposition of a misconduct complaint.

view Brown order (pdf posted 07/07/08)*

 

June 10, 2008

Marcus Noah Perdue, III, 223 West Locust Street, Covington, VA 24426

VSB Docket No. 08-080-072976

On May 28, 2008, the Virginia State Bar Eighth District Committee imposed a public reprimand on Marcus Noah Perdue for violating the disciplinary rule that governs candor toward a tribunal. Mr. Perdue did not promptly reveal to a court that, when he was unavailable for scheduled depositions in a divorce case, his secretary improperly took the depositions, notarized them, and filed them with the court. This was an agreed disposition of a misconduct case against Mr. Perdue.

view Perdue order (pdf posted 07/07/08)*

 

June 3, 2008

James Kevin Clarke, 1500 Bellevue Avenue, Richmond, VA 23227

VSB Docket No.: 08-000-073830

On April 25, 2008, the Virginia State Bar Disciplinary Board suspended James Kevin Clarke's license to practice law for eighteen months for his failure to fulfill the terms of a public reprimand issued May 24, 2004, by the VSB's Third District Committee, Section III.

view Clarke order (pdf posted 06/04/08)*

 

June 3, 2008

Jon Ian Davey, Law Office of Jon I. Davey, 128 South Market Street,

P.O. Box 777, Danville, VA   24543-0777

VSB Docket No. 08-090-072907

On May 6, 2008, the Virginia State Bar's Ninth District Committee imposed a public reprimand with terms on Jon Ian Davey for violating disciplinary rules that govern diligence and communication. Mr. Davey failed to properly perfect an appeal to the Virginia Court of Appeals and then did not properly seek a delayed appeal. He also did not tell his client about the problems with the appeals.

view Davey order (pdf posted 06/04/08)*

 

May 29, 2008

Brian Merrill Miller, 10482 Armstrong Street, Fairfax, VA 22030

VSB Docket No. 06-053-2860

On April 22, 2008, the Virginia State Bar Disciplinary Board suspended Brian Merrill Miller's license to practice law for thirty days for violating rules of professional conduct that govern diligence and communication. The board found that Mr. Miller failed to act promptly and he did not keep his client reasonably informed about her domestic relations matter. This was an agreed disposition of misconduct charges.

view Miller order (pdf posted 06/12/08)*

May 28, 2008

Corey Martin Nicholson, Corey M. Nicholson PLLC, 117 East Marshall Street, Richmond, VA 23219

VSB Docket No. 08-033-063786

On May 27, 2008, the Virginia State Bar Third District Committee, Section III, imposed a public reprimand with terms on Corey Martin Nicholson for violating rules that govern competence, diligence, and communication. Mr. Nicholson defaulted in an appeal by failing to file the trial transcript, which caused the appeal to be dismissed without being considered on its merits. Thereafter, Mr. Nicholson failed to advise his client that his appeal had been dismissed. This was an agreed disposition of ethics charges against Mr. Nicholson.

view Nicholson order (pdf posted 06/12/08)*

 

May 20, 2008

Robert Joseph Abalos, P.O. Box 404, Seattle, WA 98111-0404

VSB Docket Nos. 04-032-2633 and 06-022-1744

On March 28, 2008, the Virginia State Bar Disciplinary Board revoked the law license of Robert Joseph Abalos . In disputes with two purchasers of legal publications written by Mr. Abalos, he violated professional rules that prohibit lawyers from threatening criminal prosecution solely to gain an advantage in a civil matter, that prohibit communication with a represented party, and that prohibit committing a criminal or deliberately wrongful act that reflects adversely on a lawyer's honesty, trustworthiness, or fitness to practice law.

view Abalos order (pdf posted 05/22/08)*

 

May 12, 2008

Travis Ryan Williams, Daniels & Morgan, 4401 West Hundred Road, P.O. Box 3570, Chester, VA 23831

VSB Docket No: 07-031-1459

On April 21, 2008, the Virginia State Bar Third District Committee, Section I, imposed a public reprimand with terms on Travis Ryan Williams  for violating rules of professional conduct that govern diligence and communication. In a court-appointed criminal defense, he failed to properly perfect an appeal to the Virginia Court of Appeals, and he did not protect his client's interests in a habeas corpus petition. This was an agreed disposition of misconduct charges against Mr. Williams.

view Williams order (pdf posted 06/12/08)*

 

May 8, 2008

Kelly Ralston Dennis, Chung & Press PC, #200 6718 Whittier Avenue, McLean, VA 22101

VSB Docket No. 06-051-3305

On March 21, 2008, the Virginia State Bar Disciplinary Board suspended Kelly Ralston Dennis's license to practice law for sixty days, effective May 1, 2008. Mr. Dennis violated rules of professional conduct that govern competence, scope of representation, diligence, communication, fees, safekeeping of property, and declining or terminating representation. Mr. Dennis did not deposit a client's funds into a trust account as required under the rules. He also did not inform the client about rescheduled trial dates. As a result, the client twice was arrested and incarcerated on capias warrants. This was an agreed disposition of misconduct charges against Mr. Dennis.

view Dennis order (pdf posted 06/04/08)*

 

May 8, 2008

Bernadette Wilbon O'Neal, 500 North Washington Street, Alexandria, VA 22314

VSB Docket No: 05-042-2627

On March 21, 2008, the Virginia State Bar Disciplinary Board suspended Bernadette Wilbon O'Neal's license to practice law for thirty days, effective May 1, 2008, for violating rules of professional conduct that govern competence, diligence, adequate communication with her client, and candor toward the tribunal. The charges involved Ms. O'Neal's defense of a client facing felony charges. This was an agreed disposition of misconduct charges.

view O'Neal order (pdf posted 06/04/08)*

 

April 7, 2008

Patrick Allen Robbins

23365 Front Street, Post Office Box 757, Accomack, VA 23301

VSB Docket No. 07-021-064899

On March 20, 2008, the Second District Committee, Section I, imposed a public admonition on Patrick Allen Robbins for violating professional rules that govern competence and diligence. The Court of Appeals of Virginia dismissed a criminal appeal handled by Mr. Robbins because of his failure to timely file the trial transcript. At the time, Mr. Robbins did not know about the statutory remedy for a delayed appeal available to his client under Virginia Code Section 19.2-321.1. This is an agreed disposition of misconduct charges against Mr. Robbins.

view Robbins order (pdf posted 05/22/08)*

 

April 7, 2008

Danny Shelton Shipley

RBC Centura Building, Suite 1410, 555 East Main Street, Norfolk, VA 23510

VSB Docket No. 07-021-1348

On March 20, 2008, the Second District Committee, Section I, imposed a public reprimand on Danny Shelton Shipley, for violating professional rules that govern competence, diligence, and communication. Mr. Shipley failed to file a notice of appeal in two criminal cases at the Supreme Court of Virginia, and failed to timely file a petition for appeal in a third case, resulting in dismissals of the appeals. He obtained delayed appeals in two of the cases, but his staff inadvertently closed the file in the third case, where it remained until the bar informed him about the matter. This is an agreed disposition of misconduct charges against Mr. Shipley.

 view Shipley order (pdf posted 05/22/08)*

 

April 7, 2008

LeRon William Gilchrist

Sams & Scott, P.C., Suite 203, 500 Plume Street, Norfolk, VA 23510

VSB Docket No. 07-021-2272

07-021-064908

On March 20, 2008, the Second District Committee, Section I, imposed a public admonition on LeRon William Gilchrist for violating professional rules that govern competence, diligence, and communication. The Court of Appeals of Virginia dismissed two criminal appeals handled by Mr. Gilchrist because of his failure to timely file trial transcripts. At the time, Mr. Gilchrist did not know about the statutory remedy for a delayed appeal available to his clients under Virginia Code Section 19.2-321.1. This is an agreed disposition of misconduct charges against Mr. Gilchrist.

view Gilchrist order (pdf posted 05/22/08)*

 

April 3, 2008

John B. Mann, Suite 200, 2201 Libbie Avenue, Richmond, VA 23230

VSB Docket No.: 07-033-070688; 07-033-1882; 07-033-1418

On March 18, 2008, the Third District Committee, Section III, imposed a public admonition with terms on John B. Mann.  Mr. Mann violated the professional rule that governs diligence and promptness for his failure to properly perfect appeals in three criminal cases.

view Mann order (pdf posted 04/01/09)*

 

March 21, 2008

Ernest Kenneth Wall, E. Kenneth Wall, P.C., Suite 207, 4020 University Drive, Fairfax, VA 22030

VSB Docket Nos. 03-051-0361, 04-051-0859, and 05-051-3855

Fairfax County Circuit Court Case No. 2006-10928

On March 19, 2008, a three-judge panel of the Fairfax County Circuit Court imposed a public admonition with terms on Ernest Kenneth Wall. Mr. Wall violated the Rule of Professional Conduct that forbids misleading information in public communications concerning a lawyer's services. Mr. Wall must make revisions to solicitation letters, contracts, and website contents that he uses in his business, which provides tax services but not legal services. This was an agreed disposition of misconduct charges against Mr. Wall.

view Wall order (pdf posted 04/25/2008)*

 

March 21, 2008

Robert Henry Smallenberg, 1521 West Main Street, Richmond, Virginia 23220-4630.

VSB Docket No. 06-032-4208

On March 14, 2008, the Virginia State Bar's Third District Committee, Section II, imposed a public reprimand on Robert Henry Smallenberg for violating Rules of Professional Conduct that govern diligence and communication. Mr. Smallenberg's client had to obtain new counsel the day before her criminal trial because Mr. Smallenberg failed to communicate with her. This was an agreed disposition of misconduct charges against Mr. Smallenberg.

view Smallenberg order (pdf posted 06/12/08)*

 

March 17, 2008

Robert W. Haas,  6718 Whittier Avenue, Suite 200, McLean, VA 22101

VSB Docket No.: 06-051-1284

On March 10, 2008, a three-judge court in the City of Fairfax Circuit imposed a public reprimand on Robert W. Haas for violating the Rules of Professional Conduct that govern diligence, fairness to opposing counsel, truthfulness in statements to others, and safekeeping property. This was an agreed disposition of misconduct charges against Mr. Haas.

view Haas order (pdf posted 06/12/08)*

 

March 3, 2008     * **

Charles Matthew Rust-Tierney, c/o Jonathan Shapiro, Esquire, Greenspun, Shapiro, Davis & Leary, P.C., 2nd Floor, 3955 Chain Bridge Road, Fairfax, Virginia 22030

VSB Docket No. 08-000-073609

On February 28, 2008, the Virginia State Bar Disciplinary Board summarily suspended Charles Matthew Rust-Tierney's license to practice law based on a felony charge of receipt of child pornography. Mr. Rust-Tierney pleaded guilty to the charge in the U.S. District Court Eastern-District of Virginia in Alexandria. The board ordered him to appear on March 28, 2008, to show cause why his license should not be further suspended or revoked.

*On March 19, 2008, the Virginia State Bar Disciplinary Board continued the case until April 25, 2008.

**On April 25, 2008, the Virginia State Bar Disciplinary Board revoked Mr. Rust-Tierney's license to practice law.

view Rust-Tierney order (pdf posted 07/07/08)*

 

February 29, 2008

VSB Docket No: 08-033-072607

Michael D. Hancock, Suite 112, 6800 Paragon Place, Richmond VA 23230-1658.

On February 29, 2008, the Virginia State Bar Disciplinary Board revoked Michael David Hancock's license to practice law. Mr. Hancock admitted that he withdrew funds from his escrow account that belonged to three of his clients, that he did so without authority, and that he used the funds for his own business expenses. His law practice was placed in a receivership by the Henrico County Circuit Court. Mr. Hancock consented to the revocation.

view Hancock consent to revocation (pdf posted 04/08/08)*

 

February 27, 2008

Robert Ray Stone, Jr., P.O. Box 100411, Arlington, VA 22210

VSB Docket Nos. 05-041-4139 and 07-041-1180

On February 22, 2008, the Virginia State Bar Disciplinary Board revoked Robert Ray Stone Jr.’s license to practice law for violating Rules of Professional Conduct that govern diligence, conflict of interest, declining representation when that representation will result in a violation of the disciplinary rules, handling of client funds, and the unauthorized practice of law. Mr. Stone’s license has been administratively suspended since November 1989. He has been ineligible to practice law since that time, but he continued to represent clients in Virginia.

view Stone final order (pdf posted 09/03/2008)*

 

February 26, 2008

Thomas William Goodman Jr., 113 Caroline Avenue, P.O. Box 775, Pikeville, KY 41502

VSB Docket No. 07-102-1553

On February 19, 2008, the Virginia State Bar's Tenth District Committee, Section II,  issued a public reprimand to Thomas William Goodman Jr.  Mr. Goodman violated a Rule of Professional Conduct that governs the safekeeping of property when he failed to deposit a client's retainer fee in a trust account until it was earned.  This was an agreed disposition of misconduct charges against Mr. Goodman.

view Goodman order (pdf posted 02/29/08)*

 

February 26, 2008

Marc James Small, 2700 Anglewood Drive, Chester, VA 23831

VSB Docket Nos. 06-080-2725 and 07-080-0656

On February 22, 2008, the Virginia State Bar Disciplinary Board revoked Marc James Small’s license to practice law. Mr. Small consented to the revocation and admitted that he had failed to explain his fee to a client and failed to protect another client’s interests upon termination of a representation.

view Small order (pdf posted 02/29/08)*

 

February 26, 2008

Alana Sherrise Powers, Sherrise Powers, P.L.C., Dominion Tower, Suite 435, 999 Waterside Drive, Norfolk, VA 23510

VSB Docket No. 07-022-2782

On February 22, 2008, the Virginia State Bar Second District Committee, Section II, imposed an admonition on Alana Sherrise Powers for violating the professional rule that governs diligence in handling an appeal of a criminal conviction.

view Powers determination (pdf posted 04/08/08)*

 

February 22, 2008

Colin Charles Connelly, Connelly & Associates, P.C., P.O. Box 1512, Chesterfield, VA 23832

VSB Docket Nos. 05-031-2944, 06-031-0692, 06-031-0910, 06-031-2219, 06-031-2237, 06-031-4249, 07-031-0147, 07-031-1109, 07-031-1357, 07-031-1563, 8-031-072410

On February 22, 2008, the Virginia State Bar Disciplinary Board revoked Colin Charles Connelly’s license to practice law. Eleven misconduct cases were pending against Mr. Connelly. They included charges that he failed to keep adequate trust account records, failed to adequately account for client funds, and failed to disclose conflicts of interest to clients. Mr. Connelly consented to the revocation and acknowledged that the material facts in each case were true.

view Connelly order (PDF posted 02/25/2008)*

 

February 21, 2008    *

Vincent Francis Bonzagni, The Bonzagni Law Firm, 147 Mountain Top Road, Front Royal, VA 22630-6013

VSB Docket No. 08-070-073034, 08-070-072215 and 08-070-071300

On February 20, 2008, the Virginia State Bar Disciplinary Board suspended Vincent Francis Bonzagni's license administratively to practice law for failure to comply with a subpoena duces tecum.

*On May 9, 2008, Mr. Bonzagni complied with the subpoena duces tecum and the suspension was lifted.

 

February 21, 2008

Joseph Taylor Brown, 108 Charlotte Street, Fredericksburg, VA  22401

VSB Docket Nos. 05-060-2406, 05-060-2407, 05-060-2408

On February 19, 2008 a three-judge Caroline County Circuit Court imposed a public reprimand with terms on Joseph Taylor Brown for violating professional rules that govern competence, diligence, and communication. This was an agreed disposition of misconduct charges against Mr. Brown.

view Brown order (pdf posted 05/22/08)*

 

February 15, 2008

David Michael Gammino, 328 South Cherry Street, Richmond, VA 23220

VSB Docket Nos 06-032-0616, 06-032-1114, 07-032-0805

On February 5, 2008, the Virginia State Bar Third District Committee publicly reprimanded David Michael Gammino for misconduct in two appeals of criminal convictions and a motion to withdraw a guilty plea. Mr. Gammino violated professional rules that govern diligence and communication with a client. This was an agreed disposition of misconduct charges against Mr. Gammino.

view Gammino order (PDF posted 02/21/08)*

 

February 5, 2008     *

Uzair Mansoor Siddiqui, 12944 Center Entrance Court, Manassas, Virginia 20109

VSB Docket No. 08-052-072646

On February 5, 2008, the Virginia State Bar Disciplinary Board administratively suspended the law license of Uzair Mansoor Siddiqui for failure to comply with a subpoena duces tecum.

*On February 11, 2008, Mr. Siddiqui complied with subpoena duces tecum and the suspension was lifted.

 

February 1, 2008

Theodore Scott Silva Jr., Holland & Knight, LLP, Suite 400, 2100 Pennsylvania Avenue, NW, Washington, DC 20034-3202

VSB Docket No. 08-000-073253

On January 23, 2008, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Theodore Scott Silva Jr., who pled guilty in December 2002 in the Arlington County Circuit Court to a charge of possession of cocaine. The court dismissed the criminal charge after Mr. Silva complied with its conditions. Mr. Silva also currently faces terms imposed by a District of Columbia disciplinary tribunal in another matter. The Virginia board ordered him to comply with those terms. This is an agreed disposition of disciplinary charges against Mr. Silva, who is an associate member of the Virginia State Bar.

view Silva order (pdf posted 02/07/2008)*

 

January 30, 2008      *  **

Gloria Salazar Calonge, Suite C8-S, 3705 South George Mason Drive, Falls Church, Virginia 22041

VSB Docket No. 08-000-073258

On January 24, 2008, the Virginia State Bar Disciplinary Board summarily suspended Gloria Salazar Calonge 's license to practice law, based on a felony charge of misprision, or concealing knowledge of a felony perpetrated by another. Ms. Calonge pled guilty to the charge in the U.S. District Court-Eastern District of Virginia in Alexandria. The board ordered Ms. Calonge to appear on February 22, 2008, to show cause why her license should not be further suspended or revoked.

*On February 22, 2008, the Virginia State Bar Disciplinary Board suspended Ms. Calonge's license to practice law for two years.

**On February 22, 2010, Ms. Calonge's disciplinary suspension was lifted.

view Calonge order (pdf posted 04/25/2008)*

 

January 30, 2008     *

Leslie Wayne Lickstein, 4126 Leonard Drive, Fairfax, Virginia 22030-5118

VSB Docket No. 08-000-073284

On January 24, 2008, the Virginia State Bar Disciplinary Board summarily suspended Leslie Wayne Lickstein ' s license to practice law, based on a felony charge of conspiracy to commit bank fraud. Mr. Lickstein pled guilty to the charge in the U.S. District Court Eastern-District of Virginia in Alexandria. The board ordered Mr. Lickstein to appear on February 22, 2008, to show cause why his license should not be further suspended or revoked.

*On February 22, 2008, the Virginia State Bar Disciplinary Board revoked Mr. Lickstein's license to practice law.

view Lickstein order (pdf posted 04/25/2008)*

 

January 25, 2008   *  **  

George Anthony Yancey, Suite 202, 801 Boush Street, Norfolk, VA 23510

VSB Docket No. 07-022-0217

On January 17, 2008, Virginia State Bar Second District Committee, Section II, imposed an admonition with terms on George Anthony Yancey for violations of professional rules that govern diligence and termination of representation in a habeas case. Under the terms of the discipline, he must pay to replace trial transcripts that he lost.

view Yancey final order order (pdf posted 12/08/09)*

view Yancey Public Admonition (pdf posted 12/08/09)*

*On April 2, 2008 Mr. Yancey filed an appeal and a demand for a Circuit Court Proceeding.

**On September 29, 2009, a three-judge panel of the Norfolk Circuit Court issued a public admonition with terms to Mr. Yancey for violating professional rules that govern diligence and termination of representation. The terms require him to replace the transcript he lost in a habeas case.

 

January 22, 2008     *

Peter Campbell Sackett, 714 Court Street, Lynchburg, VA 24504

VSB Docket No. 08-090-072950

On January 22, 2008, the Virginia State Bar Disciplinary Board suspended Peter Campbell Sackett's license administratively to practice law for failure to comply with a subpoena duces tecum.

*On January 24, 2008, Mr. Sackett complied with the subpoena duces tecum and the suspension was lifted.

 

January 11, 2008

Kenneth Paul Mergenthal, 404 Princess Anne Street, Fredericksburg, VA  22401

VSB Docket No. 06-060-0300

On December 11, 2007, the Virginia State Bar Sixth District Committee issued a public reprimand with terms to Kenneth Paul Mergenthal. While representing a client in an appeal of a criminal case, Mr. Mergenthal violated disciplinary rules that govern diligence and communication. He also failed to respond to a bar bar complaint and a subpoena for records in the case. Under the terms of the reprimand, Mr. Mergenthal must remove his name from the court-appointed criminal defense list, withdraw from any current court appointments, and not accept another court appointment until 2011. This was an agreed disposition of misconduct charges against Mr. Mergenthal.

view Merganthal order (pdf posted 01/14/08)*

 

January 7, 2008     *

Marshall L. Cohen, Suite 103, 1412 Royal Palm Square Boulevard, Fort Myers, FL 33919

VSB Docket No. 08-000-073300

On December 27, 2007, the Virginia State Bar Disciplinary Board summarily suspended Marshall L. Cohen’s license to practice law. The suspension was based on a decision by the Supreme Court of Florida on November 15, 2007, to suspend Mr. Cohen’s license to practice law in that state for ninety days. The board ordered Mr. Cohen to appear on January 25, 2008, to show cause why a ninety-day suspension should not be imposed in Virginia.

*On January 25, 2008, the Virginia State Bar Disciplinary Board suspended Mr. Cohen's license for 90 days, the same discipline imposed by the Supreme Court of California.

view Cohen opinion (pdf posted 04/08/08)*

 

January 7, 2008   *

Steven Jeffrey Riggs, 1146 Civil Center Drive West, Santa Ana, CA 92703

VSB Docket No. 08-000-073269

On December 27, 2007, the Virginia State Bar Disciplinary Board summarily suspended Steven Jeffrey Riggs’s license to practice law. The suspension was based on a decision by the Supreme Court of California on April 13, 2007, to disbar Mr. Riggs in that state. The board ordered Mr. Riggs to appear on January 25, 2008, to show cause why his license should not be revoked in Virginia.

view Riggs order (PDF posted 02/21/08)*

*On January 25, 2008, the Virginia State Bar Disciplinary Board revoked Mr. Rigg's license, the same discipline imposed by the Supreme Court of California.

 

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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