November
18, 2003
Charles Everett Malone, Suite 1218, 500
East Main Street, Norfolk, Virginia 23510
VSB Docket Nos. 02-010-4055 and 03-010-2298
Effective November 21, 2003, pursuant to
an agreed disposition, the Virginia State
Bar Disciplinary Board suspended Charles
Everett Malone's law license for thirty
days with terms. In one case, Mr. Malone
failed to maintain his attorney trust account
and account records in accordance with the
rules. In a second case, after agreeing
to help a client get her former spouse's
name removed from a deed, he sought the
wrong relief in the wrong jurisdiction.
He also led the client to believe that a
hearing was scheduled when none was. When
his suspension ends, Mr. Malone will remain
on disciplinary probation for one year.
During that time, he must attend a course
on how to manage his trust account, properly
maintain the account and on three occasions
submit his trust account records to a bar
investigator for review. Failure to comply
with any of these terms will result in an
additional one-year suspension of his law
license.
go
to opinion (posted 11/20/03)
November
12, 2003* **
Trey Robert Kelleter, 513 Trent Avenue,
Chesapeake, Virginia 23323
VSB Docket No. 03-010-1051
On November 6, 2003, following a hearing,
the First District Committee issued a dismissal
with terms to Trey Robert Kelleter. Mr.
Kelleter wrongfully arranged for a police
detective to interview an inmate, who was
represented by counsel in connection with
a murder investigation, without the knowledge
or consent of the inmate's counsel, who
had requested to attend any interview.
*On
November 26, 2003, Mr. Kelleter filed an
appeal and demanded that further proceedings
be conducted in circuit court. Therefore,
the public dismissal with terms is stayed
pending appeal.
go
to opinion (posted 1/14/04)
**On
March 9, 2004, Mr. Kelleter withdrew his
appeal of this matter and provided certification
of compliance with the terms issued by the
district committee.
November
4, 2003
Margaret
L. McLeod Cain, Queen Charlotte Sq., Suite
101, 208 East High Street,
Charlottesville,
Virginia 22902
VSB Docket No. 04-070-0740
On
November 4, 2003, the Virginia State Bar
Disciplinary Board revoked Margaret L. McLeod
Cain's license to practice law. Ms. Cain
submitted an affidavit consenting to the
revocation. Without her client's knowledge,
Ms. Cain settled a personal injury claim
and received a settlement check made payable
jointly to her and her client. She deposited
the check, bearing her client's purported
endorsement, into an account that she controlled.
At no time did Ms. Cain advise the client
of the settlement or give the client any
of the settlement proceeds.
go
to consent to revocation (posted
11/5/03)
October
30, 2003* **
Denise Ann Maniscalco,1325 18th
Street, NW, Suite 103, Washington, DC 20036
VSB Docket No. 02-051-1868
The Virginia State Bar Disciplinary Board
has suspended Denise Ann Maniscalco's
license to practice law for three
years for misrepresenting to a client that
a final decree had been entered in a divorce
action that she filed on the client's behalf.
The suspension is effective November 7,
2003.
go
to opinion (posted 11/13/03)
*On
December 11, 2003, Ms. Maniscalco filed
an appeal to the Virginia Supreme Court.
**On
January 9, 2004, the Virginia Supreme Court
stayed the suspension pending appeal.
***On March 15, 2004, the Virginia Supreme Court dismissed the appeal and the stay was lifted. Her license was suspended for two years, eight months and thirteen days effective November 19, 2004. She was given credit for the period of suspension prior to the granting of the stay.
October
30, 2003
Jordan
Nichlos Baker, Suite 204, 3251 Old Lee Highway,
Fairfax, Virginia 22030
VSB
Docket No. 04-051-0531
On
October 24, 2003, Jordan Nichlos Baker consented
to the revocation of his license to practice
law in Virginia. On September 9, 2003, in
the United States District Court for the
Eastern District of Virginia, Alexandria,
Virginia, Mr. Baker pled guilty to one count
of conspiracy to commit immigration fraud,
in violation of Title 18, United States
Code, Section 1546(a).
October
30, 2003
Steven Yeoul Lee, Suite 204, 3251 Old Lee
Highway, Fairfax, Virginia 22030
VSB Docket Nos. 04-051-0530 and 04-051-0798
On October 24, 2003, Steven Yeoul Lee consented
to the revocation of his license to practice
law in Virginia. On October 22, 2003, in
the United States District Court for the
Eastern District of Virginia, Alexandria,
Virginia, Mr. Lee pled guilty to one count
of conspiracy to commit immigration fraud,
in violation of Title 18, United States
Code, Sections 371 and 1546(a), and one
count of money laundering, in violation
of Title 18, United States Code, Section
1956(a).
October
29, 2003*
**
Denise Ann Maniscalco, 1325 18th Street,
Suite 103, Washington, DC 20036
VSB Docket Nos. 01-051-2303
On
October 24, 2003, the Virginia State Bar
Disciplinary Board publicly reprimanded
Denise Ann Maniscalco for neglecting an
immigration matter in which she undertook
to help a client file an application for
permanent resident alien status.
go
to opinion (posted 11/13/03)
*On
December 11, 2003, Ms. Maniscalco filed
an appeal to the Virginia Supreme Court.
**On
January 9, 2004, the Virginia Supreme Court
stayed the public reprimand pending appeal.
October
27, 2003*
Roger Cory Hinde, Suite 101, 5002 Monument
Avenue, Richmond, Virginia 23230
VSB Docket No. 03-031-3887
On October 27, 2003, the Virginia State
Bar Disciplinary Board suspended Roger Cory
Hinde's license to practice law for failure
to respond to a bar subpoena duces tecum.
*On
November 21, 2003, the Virginia State Bar
Disciplinary Board lifted the suspension
of Roger Cory Hinde's license to practice
law.
go
to opinion (posted 12/18/03)
October
27, 2003
David
Nicholls Montague, 33-E West Queen's Way,
Hampton, Virginia 23669
VSB
Docket Nos. 02-010-1496, 02-010-2592, 03-010-0643,
03-010-2795, 03-010-2797
On
October 24, 2003, the Virginia State Bar
Disciplinary Board suspended David
Nicholls Montague's law license for two
years. The board heard five misconduct cases.
It found that Mr. Montague failed to meet
his fiduciary obligations as an estate executor,
failed to protect the interests of a client
who discharged him, failed to deposit advance
fees he received in two cases in his trust
account, and took a fee but never did any
work on the case. The board also found that
Mr. Montague negligently endorsed an order
terminating his client's joint custody of
his child, failed to maintain appropriate
trust account records, and improperly withdrew
client funds he had deposited in his trust
account.
go
to opinion (posted 11/13/03)
October
27, 2003*
Oliver
Stuart Chalifoux, Lexington Commons Office
Park, 10132 West Broad Street, Glen Allen,
Virginia 23060
VSB
Docket No. 03-033-3680
On
October 24, 2003, the Virginia State Bar
Disciplinary Board administratively suspended
the law license of Oliver Stuart Chalifoux.
Mr. Chalifoux failed to comply fully with
a subpoena duces tecum for financial
records lawfully requested by the Virginia
State Bar's Office of Bar Counsel.
*On
November 6, 2003, the Virginia State Bar
Disciplinary Board lifted the suspension
of Oliver Stuart Chalifoux’s license
to practice law.
go
to opinion (posted 11/18/03)
October
24, 2003
James
Frederick Pascal, 11417 Hilbingdon Road,
Richmond, VA 23233
VSB
Docket #02-031-4074
On October 24, 2003, the Disciplinary Board
revoked James Frederick Pascal's license
to practice law in the Commonwealth of Virginia
for knowingly disobeying a board order administratively
suspending him from the practice of law
and for knowingly making a false statement
of fact to a court about when he learned
of the suspension. Mr. Pascal was administratively
suspended after he failed to pay costs assessed
in connection with a private reprimand with
terms. Mr. Pascal was notified on March
29, 2002, that he was suspended, but nonetheless
participated as counsel in depositions held
on May 1, 2002, and later represented to
a court that he first became aware of the
suspension in June 2002.
go
to opinion (posted 12/1/03)
October
24, 2003
Alan
Jay Cilman, 507 Valley Drive, Vienna, Virginia
22180 VSB
Docket
Nos. 96-042-0868 and 96-042-0886
On October 22, 2003, a three judge panel
of the Circuit Court of Fairfax County dismissed
the charges of misconduct against Alan Jay
Cilman for lack of clear and convincing
evidence.
go
to opinion (posted 1/23/04)
October
24, 2003
John Henry Partridge, 761 Monroe
Street, Herndon, VA 20170
VSB Docket Nos. 03-053-3119, 03-053-3305,
03-053-3306, 03-053-3798, 04-053-0355, 04-053-0703,
04-000-0929
On October 22, 2003, the Virginia State
Bar Disciplinary Board revoked John Henry
Partridge's license to practice law. Mr.
Partridge submitted an affidavit consenting
to the revocation of his license. He admitted
that, with respect to a number of his clients,
he did not comply with the Virginia Supreme
Court rule requiring that he notify his
clients, opposing counsel, and presiding
judges in pending litigation, of the suspension
of his law license, and that he make appropriate
arrangements for the disposition of client
matters. Mr. Partridge also admitted that
he terminated a client's pending litigation
without the knowledge and consent of the
client; failed to communicate with clients;
failed to perform the legal services for
which he had been engaged; failed to return
client files; and failed to refund fees
that had been paid to him for work which
he did not perform.
October
23, 2003
ARTHUR
C. ERMLICH, P. O. Box 6972, Virginia Beach,
VA 23456
VSB
Docket No. 02-021-0046
On
October 20, 2003, pursuant to an agreed
disposition, the Virginia State Bar Disciplinary
Board suspended Arthur C. Ermlich's law
license for thirty days. This suspension
will run consecutively to his current three
year suspension. The board found that Mr.
Ermlich received personal injury settlement
funds for a client who agreed that she owed
for dental repairs necessitated by her injuries.
The client changed her mind about the amount
of the debt for the dental work and refused
to authorize Mr. Ermlich to pay the dentist
any amount. Mr. Ermlich disbursed all the
funds and did not withhold the contested
funds allegedly due the dentist.
go
to opinion (posted 10/24/03)
October
22, 2003
Andrew Ira Becker, The Law Offices
of Andrew Becker, Building 3300, Suite 115,
397 Little Neck Road, Virginia Beach, VA
23452
VSB Docket Nos. 02-021-1191, 01-021-2730,
01-021-1843, 02-021-2656, 03-021-0943, 03-021-1271
On October 16, 2003, pursuant to an agreed
disposition, the Virginia State Bar Disciplinary
Board suspended Andrew Ira Becker's law
license for four months, effective December
1, 2003. The board ordered Mr. Becker to
submit to, and pay for, an audit of his
law firm's case management, conflicts of
interest, and financial controls. If Mr.
Becker does not comply with the auditor's
recommendations, he will face further suspension.
In five cases, the board found that Mr.
Becker engaged in misconduct occurring between
2000 and 2002, including: lack of diligence
in allowing three matters to be struck from
the docket for inactivity; failure to communicate
with clients; failure to adequately explain
a legal fee; failure to deposit advance
legal fees in trust; and committing a deliberately
wrongful act in failing to obtain a business
license. The board heard evidence that this
misconduct occurred after the firm's managing
attorney retired due to illness, and Mr.
Becker had to take over management duties.
A sixth case was dismissed with a finding
of no misconduct.
go
to opinion (posted 11/4/03)
October
22, 2003
Perry Henry Harrold, 68 West Main Street,
P.O. Box 1282, Martinsville, VA 24114
VSB Docket No. 03-090-2433
On October 17, 2003, the Virginia State
Bar Ninth District Committee found that
Perry Henry Harrold violated the duty to
communicate by failing to advise his incarcerated
client that his appeals had been denied.
The committee imposed a dismissal with terms
requiring Mr. Harrold to attend 2 hours
of ethics CLE and to meet with the Virginia
State Bar risk manager within six months.
go
to opinion (posted 12/1/03)
October
22, 2003
Stacy F. Garrett, III, Boone, Beale, Cosby
& Long, 27 North 17th Street, Richmond,
VA 23219-3607
VSB Docket Nos. 03-032-0439, 03-032-0642,
03-032-2984
On October 21, 2003, the Virginia State
Bar Disciplinary Board issued a public reprimand
with terms to Stacy F. Garrett, III. Mr.
Garrett consented to the public reprimand
rather than defend three pending misconduct
complaints. The misconduct charges arose
out of matters in which Mr. Garrett failed
to keep his clients informed about the status
of their matters and failed to act with
reasonable diligence and promptness. In
addition, Mr. Garrett intentionally prejudiced
his client during the course of one of the
professional relationships.
go
to opinion (posted 10/31/03)
October
20, 2003
Gregory Lane Sandler, 413 West York
Street, Norfolk, VA 23510
VSB Docket No. 02-021-2478
On October 7, 2003, a three judge panel
of the Norfolk Circuit Court imposed a dismissal
de minimis on Gregory Lane Sandler. An opinion
will follow.
go
to opinion (posted 12/1/03)
October
20, 2003
Bennett
Allen Brown, 3905 Railroad Avenue, Suite
200 N, Fairfax, VA 22030-3907
VSB
Docket No. 01-051-0637
On
October 10, 2003, by agreement, a subcommittee
of the Fifth District, Section I issued
a public reprimand with terms to Bennett
Allen Brown for a pattern of neglect and
failure to communicate. Mr. Brown agreed
to represent a client in obtaining coverage
under a homeowners policy but failed to
take any action or to respond to the client's
inquiries. Mr. Brown also agreed to represent
the client and his business in dealing with
a default on a loan to the business, which
the client had personally guaranteed. The
matter went to mandatory arbitration. Mr.
Brown failed to keep the client informed
and failed to contest what the client believed
to be excessive attorneys fees awarded to
the bank.
go
to opinion
(posted 10/21/03)
October
17, 2003
John
Henry Partridge, 761 Monroe Street, Herndon,
Virginia 20170
VSB
Docket Nos. 03-053-3035, 03-053-3036, 03-053-3037,
03-053-3079, 03-053-3119 03-053-3174, 03-053-3305,
03-053-3306, 03-053-3338, 03-053-3771 03-053-3798,
03-053-3811, 03-053-3812, 03-053-3853, 04-053-0174
and 04-053-0355
On
October 17, 2003, the Virginia State Bar
Disciplinary Board administratively suspended
John
Henry Partridge's license to practice law
for failure to respond to a bar subpoena.
October
10, 2003*
** ***
Curtis
Tyrone Brown, Suite 306, 555 Fenchurch Street,
Norfolk, VA 23510
VSB
Docket No. 02-021-2337
On
October 9, 2003, the Virginia State Bar
Second District Committee, Section I, found
that Curtis Tyrone Brown violated conflict
of interest rules by providing funds for
a third party to pay his criminal defense
client's bond. The committee imposed a dismissal
with terms requiring Mr. Brown to attend
6 hours of ethics C.L.E. within six months.
*On
November 19, 2003, Mr. Brown filed an appeal.
Therefore, the public dismissal with terms
is stayed pending appeal.
**On
January 20, 2004, the Virginia State Bar
Disciplinary Board affirmed the public dismissal
with terms.
go
to opinion (posted 1/29/04)
***On
February 2, 2004, Mr. Brown filed an appeal
to the Virginia Supreme Court.
October
10, 2003
Robert Hardin Deaderick, Jr., 1103 Princess
Anne Street, Fredericksburg, VA 22401-3807
VSB Docket #00-060-2344
On August 8, 2003, a three judge circuit
court panel sitting in the Circuit Court
of the City of Fredericksburg admonished
Robert Hardin Deaderick, Jr. An opinion
will follow.
go
to opinion
(posted
1/29/04)
October
10, 2003
Edmund
A. Matricardi, III, 11212 Glen Park Drive,
Fredericksburg, VA 22407
VSB
Docket No. 03-000-3058
On
September 22, 2003, a three judge circuit
court panel sitting in the Circuit Court
of Henrico County suspended Edmund A. Matricardi,
III's license to practice law for two years.
The new suspension is retroactive to April
3, 2003, the date of Mr. Matricardi's interim
suspension. An opinion will follow.
go
to opinion (posted 10/30/03)
October
10, 2003
Sharon
Beth Soloway, 2706A Mosby Street, Alexandria,
VA 22305
VSB
Docket Nos.: 00-053-3185, 01-053-2523, and
02-053-2329
On October 9, 2003, the Virginia State Bar
Disciplinary Board suspended Sharon Beth
Soloway's license to practice law for five
years. The board suspended imposition of
the sanction on the condition that Ms. Soloway
remain under the care of a licensed clinical
psychologist and continue to utilize the
services of a law office management consultant.
The board found that Ms. Soloway failed
to attend promptly and competently to clients'
matters; to keep the clients reasonably
informed; to furnish client file materials
upon request; and to handle client funds
properly. The board also found that she
failed to carry out her contracts for employment
and to respond to the bar's demands for
information.
This sanction was the result of an agreed
disposition, which the board accepted after
finding certain mitigating factors recognized
by the American Bar Association. They were:
absence of a dishonest or selfish motive;
personal and emotional problems; character
and reputation; mental impairment; interim
rehabilitation; and remorse. In addition,
Ms. Soloway made voluntary restitution to
a client.
go
to opinion (posted 10/20/03)
go
to agreed disposition
(posted 10/20/03)
October
10, 2003
Robert Henry Smallenberg, 7 South Adams
Street, Richmond, Virginia 23220-5601
VSB Docket No. 02-032-1064
Case No. LR-1221-1
On October 6, 2003, a three-judge panel
of the Circuit Court of the City of Richmond
(Manchester Division) dismissed the charges
of misconduct against Robert Henry Smallenberg
for lack of sufficient evidence in the record
to support the Virginia State Bar Third
District, Section II, determination of a
public reprimand.
go
to opinion (posted 1/29/04)
October
10, 2003
Harrison
Benjamin Wilson, III, Town Point Center,
Suite 501, 150 Boush Street, Norfolk, VA
23510
VSB Docket Nos. 01-032-2209, 01-032-2410,
01-032-3201, 02-032-0612, 02-032-1345, 02-032-2162;
Case No. CL03-764
On October 9, 2003, a three judge circuit
court panel sitting in the Circuit Court
of Henrico County suspended Harrison Benjamin
Wilson's license to practice law
for one year. The new suspension will run
concurrently with a previously imposed two
year suspension. An opinion will follow.
go
to opinion (posted 1/29/04)
October
6, 2003
Kristina M. K. Fitzgerald, 830 East Main
Street, Suite 2000, Richmond, VA 23219
VSB Docket #03-032-0801
On October 2, 2003, a subcommittee of the
Virginia State Bar Third District, Section
II, issued a public reprimand to Kristina
K. Fitzgerald. This was an agreed disposition
of disciplinary charges against Ms. Fitzgerald.
The misconduct charges arose out of a matter
in which Ms. Fitzgerald failed to keep her
client informed about the status of his
matter and failed to promptly comply with
his reasonable requests for information.
In addition, Ms. Fitzgerald withdrew from
the representation with material adverse
effect on the interest of the client, and
she knowingly made a false statement in
the course of representation.
go
to opinion (posted 10/14/03)
September
29, 2003
Timothy
Wade Roof, 5269 Revere Drive, Norfolk, VA
23502-4926
VSB
Docket No. 02-021-0334
On
September 26, 2003, the Virginia State Bar
Disciplinary Board issued a public reprimand
with terms to Timothy Wade
Roof. The board found that Mr. Roof did
not act diligently when he submitted, without
a filing fee, a client's hand-written draft
of a petition for writ of habeas corpus
to the Supreme Court of Virginia without
correcting the errors in the writ. The board
further found that given the manner and
quality of the representation, Mr. Roof's
$1,000.00 fee was unreasonable. Finally,
the board found that Mr. Roof violated trust
account rules by not depositing the $1,000.00
fee into his trust account and holding it
in trust until he earned the fee. The terms
imposed in connection with the public reprimand
require Mr. Roof to refund the fee, to prepare
written fee agreements in all cases, and
to take 24 hours of Continuing Legal Education.
go
to opinion (posted 10/31/03)
go
to dissent opinion (posted
10/31/03)
September
25, 2003
Paul
Cornelious Bland, P.O. Box 402, Petersburg,
Virginia 23804-0402
VSB
Docket Nos. 03-031-0696, 03-031-1341 and
03-031-1993
Following
a hearing on September 25, 2003, the Virginia
State Bar Disciplinary Board revoked Paul
Cornelius Bland’s license to practice
law. Mr. Bland was charged with misconduct
in three matters. He stipulated to the factual
allegations made by the bar but did not
appear for the hearing. Clients complained
that Mr. Bland failed to appeal a criminal
conviction, take legal action necessary
to secure compensation for construction
of sewer and water lines across client owned
property and resolve another client’s
claims regarding ownership and distribution
of income from jointly held property. The
board found in each case that Mr. Bland
failed to attend promptly to client matters
and failed to communicate with his clients.
In the inverse condemnation case, the board
also found that Mr. Bland did not demonstrate
an acceptable level of legal knowledge,
skill, efficiency, and thoroughness in preparation.
The board considered Mr. Bland’s extensive
prior disciplinary record in deciding to
revoke his license.
go
to opinion (posted 11/19/03)
September
23, 2003
Steven
Mark Frei, Halls & Sickels, P.C., Reston
Executive Center, Suite 150, 12120 Sunset
Hills Road, Reston, VA 22190
VSB
Docket No. 00-053-2732
On
September 22, 2003, pursuant to an agreed
disposition, a subcommittee of the Virginia
State Bar Fifth District Committee, Section
III, imposed a public reprimand on Steven
Mark Frei. The subcommittee found that in
representing a client with a personal injury
claim, Mr. Frei failed to attend promptly
to the client's matter until completed;
failed to abide by the client's decisions
concerning the objectives of the representation;
failed to keep the client reasonably informed
about the status of her matter; and failed
to furnish the client with her file upon
request.
go
to opinion (posted 9/24/03)
September
10, 2003
Harry
William Mulford, Esq., 6101 Centreville
Road, Centreville, VA 20121-2662
VSB
Docket No. 02-051-0044
On
September 3, 2003, by agreed disposition,
a subcommittee of the Fifth District, Panel
I, issued a public reprimand to Harry William
Mulford for failure to adequately explain
his fees, failure to communicate, neglect
of his duties as a trustee, and for failure
to keep proper records. The circuit court
removed Mr. Mulford as trustee and ordered
him to repay with interest the fees he had
paid himself as trustee. Mr. Mulford complied
with the circuit court order.
go
to opinion (posted 9/10/03)
September
9, 2003*
Bernice
Marie Stafford-Turner, P.O. Box 1671, Halifax,
Virginia 24887
VSB
Docket Nos. 02-032-3876, 03-032-1259, 03-032-1534
On
September 9, 2003, the Virginia State Bar
Disciplinary Board administratively suspended
Bernice Marie Stafford-Turner's license
to practice law. Ms. Stafford-Turner failed
to comply fully with a subpoena duces tecum
for trust account information.
