Disciplinary Actions

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Disciplinary Actions Taken by the
Virginia State Bar

July 2004 – December 2004

(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 11/24/2008


 

December 28, 2004

Alice Kate Markle Twiford, 101 Old Carriage Way, Williamsburg, Virginia 23188

VSB Docket 05-060-1438 and 05-060-1439

On December 28, 2004, the Virginia State Bar Disciplinary Board suspended Alice Kate Markle Twiford's license to practice law for failure to respond to a bar subpoena duces tecum.

 

December 27, 2004

Robert Spencer Lewis, 2 East Main Street, P.O. Box 1264, Martinsville, Virginia 24114

VSB Docket #05-000-0924

On December 21, 2004, the Virginia State Bar Disciplinary Board suspended Robert Spencer Lewis's license to practice law for failure to respond to a bar subpoena duces tecum.

 

December 17, 2004

Michael J. Biddinger, P.O. Box 2332, Woodbridge, Virginia 22195-2332

VSB Docket No.  03-060-1348

On December 16, 2004, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Michael J. Biddinger.  The board found he had failed in one instance to pay off two real estate loans and procure hazard insurance in a timely manner, and on a number of occasions he failed to file deeds of trust in a timely manner. The board also found he had not regularly reconciled his trust account records, and he had inadequately supervised a non-lawyer assistant.  The terms prohibit Mr. Biddinger from handling real estate closings for five years, require a random audit of his non-real estate trust account records, and direct him to prepare an office policy governing supervision of non-lawyer assistants. This was an agreed disposition of misconduct charges against Mr. Biddinger.

go to opinion (pdf posted 1/6/05)

 

December 16, 2004

Paul T. Buckwalter, II, Suite E, 13509 East Boundary Road, Midlothian, Virginia 23112

VSB Docket No. 04-033-1714

On November 9, 2004, a panel of the Virginia State Bar Third District Committee, Section III, dismissed charges of misconduct against Paul T. Buckwalter, II.

 

December 15, 2004

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

VSB Docket No. 04-060-0719

On December 14, 2004, a panel of the Virginia State Bar Sixth District Committee dismissed charges of misconduct against Bruce Patrick Ganey.

 

December 13, 2004

Kenneth Paul Mergenthal, 806 Princess Anne Street, Fredericksburg, Virginia 22401-2905

VSB Docket No. 04-060-3404

On December 7, 2004, the Virginia State Bar Sixth District Committee issued a public reprimand with terms to attorney Kenneth P. Mergenthal. Mr. Mergenthal failed to advise a court-appointed client that the Court of Appeals had denied his appeal of a criminal conviction and to appeal the conviction to the Supreme Court of Virginia. The terms imposed require Mr. Mergenthal to withdraw as counsel in all criminal matters in which he currently serves as court-appointed counsel and not to accept any new appointments for a period of not less than three years. This was an agreed disposition of misconduct charges against Mr. Mergenthal.

go to opinion (pdf posted 12/20/04)

 

December 13, 2004 * **

David H. N. Bean, 258 West King Street, P. O. Box 418, Strasburg, VA  22657

VSB Docket No. 02-070-1395

On December 10, 2004, the Virginia State Bar Disciplinary Board suspended David H. N. Bean's license to practice law for two years, effective February 1, 2005. The board found that Mr. Bean had filed false expert witness designations in three medical malpractice cases. Mr. Bean designated seven physicians as expert witnesses and summarized their opinions in support of each of the cases, when none of the physicians had agreed to serve as expert witnesses, reviewed the plaintiffs' medical records, or were willing to offer opinions that supported the plaintiffs' cases. 

go to opinion (pdf posted 12/28/04)    

*On January 19, 2005, Mr. Bean filed an appeal to the Virginia Supreme Court.

**On October 31, 2005, the Virginia Supreme Court affirmed their order of July 8, 2005, affirming the Disciplinary Board decision.

 

December 10, 2004

Sol Zalel Rosen, 2200 Wilson Blvd., Suite 102-261, Arlington, VA 22201

VSB Docket No. 03-041-3122

On December 7, 2004, a subcommittee of the Virginia State Bar's Fourth District Committee, Section I, dismissed charges of misconduct against Sol Zalel Rosen, at the bar's request, on the ground that the evidence available could not reasonably be expected to support any allegation of misconduct under a clear and convincing evidentiary standard.

 

December 10, 2004

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

VSB Docket Nos.  04-010-0765, 04-010-1444

The Virginia State Bar Disciplinary Board suspended Charles Everett Malone's law license for two years, effective December 10, 2004. The suspension was an agreed disposition of misconduct charges. The board found that Mr. Malone withdrew five thousand dollars of client funds from an escrow account without authorization, and he failed to maintain his accounts in accordance with the rules of the Supreme Court of Virginia. In a second case, Mr. Malone accepted more than three thousand dollars to represent a convicted felon on appeal and reviewed the record, but failed to have himself substituted as counsel, and took no further action. He agreed to repay the fee in full as a condition of this disposition. Failure to comply will result in an additional two-year suspension of his law license.

go to opinion (5.9 MB pdf posted 12/10/04)

 

December 10, 2004

Randolph Lawrence Carl, P.O. Box 18356, Richmond, Virginia 23226

VSB Docket No. 04-033-2368

On December 7, 2004, a panel of three circuit judges in Richmond publicly reprimanded Randolph Lawrence Carl for billing for compensation in guardian ad litem cases without itemized records to document his work. Because of discrepancies, the Richmond Juvenile and Domestic Relations Court denied all compensation claimed by Mr. Carl for the representations. His license will be suspended for six months if he does not comply with the judges' order to follow the recommendations of a risk-management assessment and to take extra continuing legal education. This was an agreed disposition of misconduct charges against Mr. Carl.

go to opinion (pdf posted 3/21/05)

 

December 10, 2004

Christopher Leon Anderson, Suite 100, 5905 West Broad Street, Richmond, VA 23230

VSB Docket No. 04-032-0873

On December 7, 2004, a subcommittee of the Virginia State Bar's Third District Committee, Section II, agreed to impose a public admonition with terms on Christopher Leon Anderson. Mr. Anderson, in a contingent fee case, asserted an attorney's lien that was not based upon the value of his services. Instead, he based the lien on one-third of an insurance carrier's settlement offer, which was not accepted. After the client hired another lawyer and terminated Mr. Anderson's representation, Mr. Anderson received the lien amount and did not return the unearned portion. The subcommittee found he had committed misconduct by, in part, charging an unreasonable fee and not returning unearned funds to the client. This was an agreed disposition of charges against Mr. Anderson.

go to opinion (pdf posted 2/14/05)

 

December 7, 2004

Lawrence Raymond Morton, 17850 Curtis Drive, Dumfries, VA 22026

VSB Docket No. 04-053-0421

On December 6, 2004, the Virginia State Bar Disciplinary Board suspended Lawrence Raymond Morton's license to practice law for sixty days, to take effect April 2, 2006, when a previous two-year suspension concludes. The board found that Mr. Morton failed to competently represent a client in a criminal appeal, and that he failed to respond to the Virginia State Bar's lawful demand for information in an investigation of the client's bar complaint. This was an agreed disposition of misconduct charges against Mr. Morton.

go to opinion (2.5 MB pdf posted 12/10/04)

 

December 2, 2004  * **

Joseph Leath Anthony, 6225 Hidden Valley Drive, Roanoke, VA  24018-7451

VSB Docket Nos. 02-090-3926

On November 30, 2004, a three-judge panel in Roanoke City Circuit Court publically reprimanded Joseph Leath Anthony for making false statements about the integrity of judges. The panel ordered him not to file pleadings in federal or state court unless he is working with another attorney who is competent in litigation. The judges also ordered him not to write directly to judges about litigation in which he is involved as counsel.

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

*On March 1, 2005, Mr. Anthony filed an appeal to the Virginia Supreme Court.

**On February 17, 2006, the Virginia Supreme Court affirmed the decision of the three judge panel.

 

November 30, 2004

Richard Charles Scalise, 12158 Tryton Way, Reston, Virginia 20190

VSB Docket Nos. 03-051-1962 and 03-051-1964

On November 29, 2004, the Virginia State Bar Disciplinary Board revoked the law license of Richard Charles Scalise. Mr. Scalise consented to the revocation with ethics charges pending. He acknowledged that he had improperly removed $840,000 from escrow accounts of a title insurance agency and a settlement agency. He was the sole shareholder and principal of both.

go to consent to revocation (pdf posted 12/1/04)

 

November 22, 2004* ** *** **** ***** ****** ******* ******** ********* **********  ***********   ************

Walter Franklin Green, IV, 77 North Liberty Street, Post Office Box 512,

Harrisonburg, Virginia 22803-0512

VSB Docket No. 03-070-3720

On November 19, 2004, the Virginia State Bar Disciplinary Board suspended the law license of Walter Franklin Green, IV for a period of sixty days, effective January 15, 2005. The board found that Mr. Green failed to act diligently and committed a wrongful act reflecting adversely on his fitness to practice law during his representation of two brothers in a narcotics case.

view see Supreme Court of Virginia opinion (link leads to the website of the Supreme Court of Virginia)

Mr. Green has filed for reconsideration.

*On January 14, 2005 the Virginia Supreme Court stayed the suspension pending appeal.

**On January 20, 2005 Mr. Green filed an appeal to the Virginia supreme Court.

go to opinion (pdf posted 12/28/04)

***On September 16, 2005 the Virginia Supreme Court remanded the case back to the Disciplinary Board for  sanction.

****On October 10, 2005, Mr. Green petitioned the Virginia Supreme Court for a rehearing.

*****On November 11, 2005, the Virginia Supreme Court denied the petition for rehearing.

******On January 10, 2006 the Disciplinary Board suspended Mr. Green for 60 days effective immediately.

go to final order (pdf posted 2/1/06)

*******On January 12, 2006, the Virginia Supreme Court stayed the suspension pending appeal.

********On November 3, 2006, the Virginia Supreme Court reversed, vacated and remanded the case back to the Disciplinary Board for further proceedings.

*********On January 26, 2007, the Virginia State Bar Disciplinary Board suspended Mr. Green's law license for a period of forty-five days effective July 1, 2007.

**********On February 23, 2007, Mr. Green filed an appeal to the Virginia Supreme Court.

View Suspension Order (pdf posted 03/05/07)*

***********On November 2, 2007, the Virginia Supreme Court affirmed the decision of the Disciplinary Board suspending Mr. Green's license to practice law for forty-five days.

************On November 30, 2007, Mr. Green petitioned the Virginia Supreme Court for a rehearing of the appeal.

 

November 22, 2004

Oliver Stuart Chalifoux, Lexington Commons Office Park, 10132 West Broad Street, Glen Allen, Virginia 23060

VSB Docket Nos. 03-033-3680 and 04-033-2472

Circuit Court Case No. CL04-1066

On November 19, 2004, a three-judge panel in the Henrico Circuit Court suspended Oliver Stuart Chalifoux's license to practice law for five years, effective December 19, 2004. The court found that Mr. Chalifoux failed to act with diligence and promptness in representing his clients in tax matters; failed to comply with reasonable requests from the clients for information; failed to promptly return the clients' property and failed to provide all original, client-furnished documents which were in his possession upon termination of the representation. The court also found that Mr. Chalifoux practiced law while his license was suspended. In another matter, the three-judge panel found that Mr. Chalifoux knowingly made false statements to the Virginia State Bar Disciplinary Board; offered the board evidence that he knew to be false and engaged in professional conduct involving dishonesty, fraud, deceit or misrepresentations.   

go to opinion (pdf posted 2/4/05)

 

November 19, 2004

Steven Edgar Bennett, 364 McLaws Circle, Suite 1B, Williamsburg, Virginia 23185

VSB Docket No. 05-060-1736

On November 19, 2004, the Disciplinary Board accepted an agreed disposition indefinitely suspending Mr. Bennett's license to practice law in Virginia on impairment grounds. Mr. Bennett and his guardian ad litem stipulated to certain findings of fact and misconduct that may give rise to disciplinary sanctions when the impairment suspension is lifted.

go to opinion (pdf posted 11/22/04)

 

November 18, 2004

Gary Blane Vanover, P.O. Box 890, Clintwood, Virginia 24228-0890

VSB Docket No. 05-000-0450

On November 16, 2004, the Virginia State Bar Disciplinary Board summarily suspended Gary Blane Vanover's license to practice law for failure to comply with an order of the board dated September 30, 2004.

 

November 16, 2004

Jon Ian Davey, Law Office of Jon I. Davey, 128 South Market Street, P. O. Box 777, Danville, VA  24543-0777

VSB Docket No. 04-090-1804

On November 15, 2004, the Virginia State Bar Ninth District Committee issued a public reprimand with terms to Jon Ian Davey for negligently failing to perfect three criminal appeals pending before the Virginia Court of Appeals and the Virginia Supreme Court. This was an agreed disposition of misconduct charges against Mr. Davey.

go to opinion (pdf posted 11/18/04)

 

November 12, 2004

Eli S. Chovitz, St. Paul's Building, Suite 503, 125 St. Paul's Boulevard, Norfolk, Virginia 23510

VSB Docket No. 04-021-0555

On November 9, 2004, the Virginia State Bar Disciplinary Board revoked Eli S. Chovitz's law license. Mr. Chovitz consented to the revocation with ethics charges pending. He acknowledged that, while he was trustee of a trust, he attempted to distribute $4,000 to the beneficiary, but the check was returned for insufficient funds. Mr. Chovitz could not account for the deficit.

go to opinion (pdf posted 11/12/04)

 

November 10, 2004

Melinda Faith Seemar, Stallings and Bischoff, PC, Suite 801, 2101 Parks Avenue, Virginia Beach, VA 23451

VSB Docket No. 04-021-0645

On November 8, 2004, a panel of the Virginia State Bar Second District Committee, Section I, dismissed misconduct charges against attorney Melinda Faith Seemar after determining that the bar had failed to present clear and convincing evidence.

 

October 28, 2004

Thomas Kenneth Plofchan Jr., Plofchan & Associates, 46175 Westlake Drive, Suite 320, Sterling, Virginia  20165

VSB Docket No. 02-070-0225

Reversed and remanded. More . . .  

 

October 26, 2004

David Michael Shapiro, Suite 100, Libbie Law Center, 2201 Libbie Avenue, Richmond, Virginia 23230

VSB Docket No. 03-031-3890

On October 26, 2004, a three-judge panel in the Circuit Court of the City of Richmond dismissed without prejudice charges of misconduct against David Michael Shapiro until such time as a disability suspension imposed by the Virginia State Bar Disciplinary Board pursuant to an agreed disposition is lifted.

 

October 26, 2004

Lawrence Raymond Morton, Esq., 17850 Curtis Drive, Dumfries, VA 22026

VSB Docket No. 03-053-1264

On October 25, 2004 a subcommittee of the Virginia State Bar's Fifth District Committee, Section III, publicly reprimanded Lawrence Raymond Morton for failing to competently represent a client in a domestic relations matter and to respond to the bar's lawful demand for information. Among other findings, the subcommittee determined that Mr. Morton failed to propound discovery to the opposing party so that child support could be calculated. This was an agreed disposition of disciplinary charges against Mr. Morton.

go to opinion (pdf posted 11/2/04)

 

October 26, 2004

John R. Willett, 1705 Fern Street, Alexandria, Virginia 22302-2607

VSB Docket No. 99-042-1438

On October 22, 2004, the Virginia State Bar Disciplinary Board revoked John R. Willett's license to practice law, effective November 22, 2004. The board found that, in a personal injury case, Mr. Willett used a false, fraudulent, misleading, or deceptive statement or claim in soliciting a client; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; failed to act with competence; knowingly made a false statement of law or fact; communicated with a represented party; and charged unreasonable fees.

go to opinion (pdf posted 11/19/04)

 

October 22, 2004*

William Harold Butterfield, Bell, Boyd & Lloyd, Suite 1200, 1615 L Street, NW, Washington, DC 20036

VSB Docket No. 05-000-1513

On October 22, 2004, the Virginia State Bar Disciplinary Board summarily suspended William Harold Butterfield's license to practice law in Virginia. The action was based on an order of the District of Columbia Court of Appeals suspending Mr. Butterfield's license to practice law in the District of Columbia for thirty days. Mr. Butterfield was ordered to appear before the board on November 19, 2004, to show why the same discipline should not be imposed in Virginia.

*On November 19, 2004, by agreed disposition the Disciplinary Board suspended Mr. Butterfield's license to practice law in Virginia for thirty days, effective October 22, 2004. The board had summarily suspended his law license on October 22, 2004, after receiving notice that the District of Columbia Court of Appeals had suspended his license to practice law in the District of Columbia for a thirty day period commencing July 17, 2004. The District of Columbia Court of Appeals found that Mr. Butterfield had a conflict of interest in representing a new client in a bid protest against the awarding of a government contract to an existing client of his firm. 

go to opinion (2.3 MB pdf posted 11/24/04)

 


October 22, 2004 * ** ***

Curtis Tyrone Brown, Suite 306, 555 Fenchurch Street Norfolk, Virginia 23510

VSB Docket No. 00-010-2346

On October 22, 2004, the Virginia State Bar Disciplinary Board suspended Curtis Tyrone Brown's license to practice for one year, effective November 21, 2004. The board found that Mr. Brown engaged in acts of fraud, deceit, and misrepresentation by filing a motion with the circuit court that falsely accused the prosecutor of approaching two other attorneys about fabricating a case against Brown's client. The board also found that Mr. Brown filed the motion with the intent to harass or injure another.

view see Supreme Court of Virginia opinion (link leads to the website of the Supreme Court of Virginia)

* On November 18, 2004, the Virginia Supreme Court stayed the suspension pending appeal.

go to opinion (pdf posted 12/1/04)

** On December 27, 2004, Mr. Brown filed an appeal to the Virginia Supreme Court.

***On November 4, 2005, the Virginia Supreme Court reversed the Disciplinary Board order of November 24, 2004, and remanded the matter back to the bar to schedule a circuit court proceeding.

 

October 22, 2004

David Michael Shapiro, Suite 100, Libbie Law Center, 2201 Libbie Avenue, Richmond, VA 23230

VSB Docket No. 05-000-1545

On October 22, 2004, the Virginia State Bar Disciplinary Board accepted an agreed disposition suspending David Michael Shapiro's license to practice law on disability grounds.

go to opinion (pdf posted 10/22/04)

 

October 18, 2004

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

VSB Docket Nos. 04-021-1489 and 04-021-0737

On October 14, 2004, the Virginia State Bar Second District Committee, Section I, publicly reprimanded Wilber Thurston Harville for ethical violations arising from a civil matter and a criminal appeal. The committee reprimanded Mr. Harville for a lack of diligence, failing to keep his clients reasonably informed, failing to place an advance payment of a fee in escrow, and committing a deliberately wrongful act.

go to opinion (posted 11/2/04)

 

October 18, 2004 

Barry L. Flora, 15 East Salem Avenue, Suite 302, Roanoke, Virginia  24011

VSB Docket No.  02-080-0636

On September 30, 2004, a three-judge panel in Circuit Court for the City of Roanoke imposed a public reprimand with terms on Barry L. Flora for failing to forward refund checks to seventy-six real estate clients and failing to deposit the money into escrow accounts. He eventually returned the money to the clients after a complaint was made to the Virginia State Bar. This was an agreed disposition of ethics charges against Mr. Flora.

go to opinion (pdf posted 11/24/04)

 

October 12, 2004

David Nash Payne, 1326 Chesapeake Avenue, Hampton, VA 23661

VSB Docket No. 03-000-2154

On October 1, 2004, the Virginia State Bar Disciplinary Board summarily suspended David Nash Payne’s license to practice law for failure to comply with an order of the board dated April 28, 2004.

 

October 12, 2004

Frederick Ross Coates, P.O. Box 328, Madison, Virginia 22727-0328

VSB Docket No. 03-070-3493

On October 5, 2004, the Virginia State Bar’s Seventh District Committee publicly reprimanded Frederick Ross Coates for failing to refuse employment when his interests may have impaired his independent professional judgment in a real estate case. Mr. Coates consented to the reprimand rather than defend misconduct charges.

go to opinion (pdf posted 8/12/04)

 

October 7, 2004

Linda Wiser Sadler, 8327 Whitewood Road, Richmond, VA 23235-2053

VSB Docket No. 05-032-0205

On October 5, 2004, the Virginia State Bar Disciplinary Board revoked Linda Wiser Sadler's law license. At the time, the bar was investigating charges that, while serving as treasurer of a soccer league, she had paid personal bills totaling at least $85,000 from the league's funds. Ms. Sadler consented to the revocation.

go to consent to revocation (pdf posted 10/7/04)

 

October 7, 2004

David Mayer Hill, 10207 North Hampton Lane, Fredericksburg, VA 22408

VSB Docket No. 04-060-3188

On October 7, 2004, the Virginia State Bar Disciplinary Board suspended David Mayer Hill's license to practice law for failure to respond to a bar subpoena duces tecum.

 

September 30, 2004

Jamie Scott Osborne, P.O. Box 2797, Manassas, Virginia 20108-2797

VSB Docket No. 04-060-3592


On September 29, 2004, the Virginia State Bar Disciplinary Board suspended Jamie Scott Osborne's license to practice law for failure to respond to a bar subpoena duces tecum.

 

September 30, 2004

Alan Jay Cilman, 4160 Chain Bridge Road, Fairfax, VA 22030

VSB Docket No. 02-000-2325

On September 28, 2004, at the request of the Virginia State Bar, a three-judge circuit court panel dismissed charges that Alan Jay Cilman had violated a rule of the Supreme Court of Virginia.

 

September 23, 2004

David Nicholls Montague, 33-E West Queen's Way, Hampton, VA 23669

VSB Docket No. 04-010-1921

On September 21, 2004, the Virginia State Bar Disciplinary Board publicly reprimanded David Nicholls Montague for lack of diligence in a divorce matter and failure to tell the client about the suspension of his law license in October 2003. This was an agreed disposition of disciplinary charges against Mr. Montague.

go to opinion (pdf posted 9/29/04)

 

September 20, 2004

Kenneth R. Weiner, Suite 411, 3251 Old Lee Highway, Fairfax, VA 22030-1504

VSB Docket No. 02-051-1408

On September 16, 2004, a panel of three circuit judges publicly reprimanded Kenneth R. Weiner for a conflict of interest in a divorce matter. Mr. Weiner agreed to the sanction.

go to opinion (pdf posted 10/29/04)

 

September 15, 2004

Ted William Hussar, 7215 Poplar St., Annandale, VA 22003-3011

VSB Docket No. 03-052-2834

On September 14, 2004, the Virginia State Bar Fifth District Committee, Section II, publicly reprimanded Ted William Hussar for failing to properly supervise nonlawyer staff, lack of diligence, and a conflict of interest. Mr. Hussar agreed to the sanction.

go to opinion (pdf posted 9/24/04)

 

September 13, 2004

Christopher Hunter Lynt, 7502 Toll Court, Alexandria, Virginia 22306

VSB Docket No. 00-042-2093

On September 10, 2004, a three-judge panel in the Alexandria Circuit Court suspended Christopher Hunter Lynt’s license to practice law for two years. The court found that Mr. Lynt wrongly used client secrets and confidences to file an unauthorized patent application, listing himself as a co-inventor. He subsequently claimed more than $2.6 million from his former client’s successor for the invention. The former client and others filed suit against Mr. Lynt, but because of business necessity settled the matter by paying him $30,000 to secure assignment of the patent application.

go to opinion (pdf posted 9/29/04)

 

September 13, 2004*

Arnold Reginald Henderson V, 116 East Franklin Street, Suite 102, Richmond, Virginia 23219

VSB Docket No. 04-032-2883

On September 10, 2004, the Virginia State Bar Disciplinary Board suspended Arnold Reginald Henderson V’s license to practice law for failure to respond to a bar subpoena duces tecum.

*On September 15, 2004, the Virginia State Bar Disciplinary Board lifted the suspension of Arnold Reginald Henderson V’s license to practice law.

 


September 13, 2004

Linda Wiser Sadler, 8327 Whitewood Road, Richmond, Virginia 23235-2053

VSB Docket No. 05-032-0205

On September 10, 2004, the Virginia State Bar Disciplinary Board suspended Linda Wiser Sadler’s license to practice law for failure to respond to a bar subpoena duces tecum.

 

August 30, 2004*

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

VSB Docket No. 04-051-2217

On August 27, 2004, the Virginia State Bar Disciplinary Board suspended Leslie Wayne Lickstein's license to practice law. The action was based on an order of the United States Bankruptcy Court in Alexandria, which suspended Mr. Lickstein's license to practice before the court for five years for failing to make full disclosures to the court, for filing incorrect information and for failing to correct the filings. Mr. Lickstein was ordered to appear before the board on September 24, 2004, to show why the same discipline should not be imposed in Virginia.

*On September 20, 2004, the Virginia State Bar Disciplinary Board suspended Leslie Wayne Lickstein’s license to practice law for five years, beginning October 1, 2004.

go to opinion (pdf posted 9/29/04)

 

August 30, 2004*

Richard A. Pizzi, 33 Georgetown Court, Baskingridge, New Jersey 07920

VSB Docket No. 05-000-0490

On August 27, 2004, the Virginia State Bar Disciplinary Board summarily suspended Richard A. Pizzi's license to practice law in Virginia. The action was based on an order of the Supreme Court of New Jersey permanently disbarring Mr. Pizzi in New Jersey. The board ordered Mr. Pizzi to appear before it on September 24, 2004, to show cause why his Virginia license should not be revoked.

*On September 21, 2004, the Virginia State Bar Disciplinary Board revoked Richard A. Pizzi’s law license.  Mr. Pizzi consented to the revocation.

go to consent to revocation (pdf posted 9/22/04)

 

August 30, 2004* ** *** ****

Dominick Anthony Pilli, Esquire, 10560 Main St., Suite 308, Fairfax, VA   22030

VSB Docket Number 02-051-2053

On August 27, 2004, the Virginia State Bar Disciplinary Board suspended Dominick Anthony Pilli's license to practice law for ninety days. The board found he had made false statements about the integrity and qualifications of a judge. The suspension is effective October 1, 2004.

go to opinion (pdf posted 9/22/04)

*On September 24, 2004, the Virginia Supreme Court stayed the suspension pending appeal.

**On October 25, 2004, Mr. Pilli appealed to the Virginia Supreme Court.

***On April 22, 2005, the Virginia Supreme Court affirmed the Disciplinary Board's decision.

****On May 9, 2005, Mr. Pilli appealed to the U.S. Supreme Court.

 

August 30, 2004* **

Donna Marie Briggs, 531 Spotswood Avenue, Norfolk, Virginia 23517

VSB Docket No. 02-022-3082 and 02-022-3487

On August 27, 2004, the Virginia State Bar Disciplinary Board revoked Donna Marie Briggs's license to practice law. The board found that in numerous lawsuits she initiated on her own behalf, Ms. Briggs failed to abide by court orders and rules, made false and misleading statements to the court, and made reckless statements about the integrity of state and federal judges.

go to opinion (PDF posted 9/14/04)

*On October 13, 2004, Ms. Briggs filed an appeal to the Supreme Court of Virginia.

*On February 1, 2005, the Virginia Supreme Court dismissed the appeal filed by Ms. Briggs.

 

August 27, 2004

James Floyd Kelley, 122 West 14th Street, Mail Box 77, Front Royal, Virginia 22630

VSB Docket No. 05-000-0394

On August 27, 2004, the Virginia State Bar Disciplinary Board suspended James Floyd Kelley's license to practice law in Virginia on disability grounds.

go to opinion (PDF posted 8/30/04)

 

 

August 27, 2004 * ** *** ****

Michael Henry Ditton, 2210 Bridger Drive, Bozeman, Montana, 59715 

VSB Docket No. 02-042-0559  

On August 25, 2004, a three-judge panel of the Circuit Court of the City of Alexandria suspended Michael Henry Ditton's law license for five years. Mr. Ditton was charged with obstruction of justice. A capias was issued for his arrest after he failed to appear on the charge. Evidence presented at the three-judge panel hearing established that Mr. Ditton has a long history of abuse of legal process, including willful violation of a court order prohibiting him from filing further legal actions without leave of court.

go to opinion (pdf posted 8/12/04)

* On November 5, 2004, the Virginia Supreme Court stayed the suspension pending appeal.

**On January 6, 2005 Mr. Ditton filed an appeal to the Supreme Court of Virginia.

***On July 22, 2005, the Virginia Supreme Court affirmed the suspension and returned the case to the Circuit Court to set a suspension date.

****On December 2, 2005, the Circuit Court suspended Mr. Ditton's license effective immediately.

go to opinion (pdf posted 12/7/05)

 

August 24, 2004

William G. Beninghove, 8235 Mechanicsville Turnpike, Suite B, Mechanicsville, VA 23111

VSB Docket No. 02-060-2493

On August 17, 2004, the Virginia State Bar's Sixth District Committee voted to publicly admonish William G. Beninghove for ethical violations arising from his work as a special commissioner in a partition suit in Hanover County. The committee found he had failed to handle the matter diligently, failed to communicate and charged an unreasonable fee.

go to opinion (pdf posted 9/21/04)

 

August 24, 2004* ** *** ****

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

VSB Docket No. 02-060-2490

On August 17, 2004, the Virginia State Bar's Sixth District Committee voted 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 committee found he had failed to handle the matter diligently, failed to communicate and charged an unreasonable fee.

go to opinion (pdf posted 9/21/04)

*On September 30, 2004, Mr. Ganey filed an appeal and demanded that further proceedings be conducted in circuit court. Therefore, the public reprimand is stayed pending appeal.

**On September 8, 2005, a three-judge court sitting in Hanover County Circuit Court voted to dismiss one allegation of misconduct against Mr. Ganey, but affirmed imposition of a public reprimand.  The decision of the panel will become effective upon entry of a memorandum order.

***On February 7, 2006, Mr. Ganey filed an appeal with the Virginia Supreme Court.

****On June 12, 2006 , the Virginia Supreme Court returned the record.  The court noted that no petition for appeal was filed.

 

go to opinion (pdf posted 1/19/06)

 

August 24, 2004

James Newton Dickson III, Suite 405, 57 South Main Street, Harrisonburg, Virginia 22801

VSB Docket No. 02-070-0731

On August 12, 2004, pursuant to an agreed disposition, the Virginia State Bar Seventh District Committee publicly reprimanded James Newton Dickson III for failing to comply with the terms of a private reprimand issued November 21, 2002. The original discipline was issued because Mr. Dickson failed to file transcripts with the Court of Appeals in a timely manner, which caused dismissal of the client's appeal.

go to opinion (pdf posted 9/8/04)

 

August 24, 2004

Royce Lee Givens Jr., 116-P Edwards Ferry Road, NE, Leesburg, Virginia 20176

VSB Docket No. 04-070-0396

On August 12, 2004, the Virginia State Bar Seventh District Committee issued a public reprimand to Royce Lee Givens Jr. This was an agreed disposition of misconduct charges against Mr. Given for filing a frivolous lawsuit. The trial court ruled that the suit was not warranted by existing law and was imposed for an improper purpose. The court sanctioned Mr. Givens and awarded attorney's fees and costs against him and his client.

go to opinion (pdf posted 9/8/04)  

 

August 19, 2004

Jeffrey Paul Kantor, 927 South Reed Drive, Suite 4, Arlington, VA   22204-2311

VSB Docket Nos. 04-014-0506 and 04-041-2539

On August 19, 2004, the Virginia State Bar Disciplinary Board revoked Jeffrey Paul Kantor's law license. Mr. Kantor consented to the revocation. Because Mr. Kantor abandoned his legal practice, it is under the control of a receiver appointed by the Circuit Court for the County of Arlington. His license has been suspended since March 30, 2004.

go to order of revocation (PDF posted 8/19/04)

 

August 10, 2004

Wayne Roy Morgan Jr., 304 East Main Street, Richmond, Virginia 23219

VSB Docket No. 03-033-3757

On August 10, 2004, a panel of the Virginia State Bar Third District Committee dismissed charges of misconduct against Wayne Roy Morgan Jr. for lack of sufficient evidence.

 

August 3, 2004

Elizabeth Ann Mack Callaway, 15 Garrett Street, Warrenton, VA
20186-3108

VSB Docket No. 03-070-0212

On August 3, 2004, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Elizabeth Ann Mack Callaway for failing to file a responsive pleading in a timely manner and failing to notify her clients that a default judgment had been entered against them. The terms require Ms Callaway to complete six additional hours of continuing legal education in ethics by 2005. If she fails to do so, the case will be certified to the board for a sanction determination. This was an agreed disposition of disciplinary charges against Ms Callaway.

go to opinion (PDF posted 8/10/04)



August 2, 2004*

Randy Alan Weiss, 8830 Sleepy Hollow Lane, Potomac, Maryland 20854

VSB Docket No. 04-000-2066

On July 30, 2004, the Virginia State Bar Disciplinary Board summarily suspended Randy Alan Weiss's license to practice law in Virginia. The action was based on an order of the United States Court of Appeals for the District of Columbia suspending Mr. Weiss's license to practice law before the court for three year for illegally taking funds from his law firm. Mr. Weiss was ordered to appear before the board on August 27, 2004, to show why the same discipline should not be imposed in Virginia.

*On August 12, 2004, pursuant to an agreed disposition, the board suspended Mr. Weiss's Virginia license for three years, commencing July 29, 2004.  Consistent with the District of Columbia order, the board suspended one year of the suspension.  

go to opinion (PDF posted 8/25/04)

 

 

 

August 2, 2004*

Stephen John Perrella, Esq., 517 F Avenue, #3, Coronado, California 92118

VSB Docket No. 05-000-0025

The Virginia State Bar Disciplinary Board summarily suspended Stephen John Perrella's Virginia law license, effective July 29. The supsension arises from Mr. Perrella's convictions in California of second-degree burglary and petty theft. The board ordered him to appear before it on August 27, 2004, to show cause why his Virginia license should not be further suspended or revoked.

*The Virginia State Bar Disciplinary Board revoked Stephen John Perrella's Virginia law license, effective August 27. The revocation arises from Mr. Perrella's convictions in California of the felonies of second-degree burglary and petty theft.

go to opinion (pdf posted 9/22/04)

 

August 2, 2004

Khalid Mahmood, Esq., 210 East Broad Street, No. 208, Falls Church, Virginia 22046

VSB Docket No. 02-053-1250

On July 28, 2004, a three-judge circuit court imposed a one-year suspension with terms on Khalid Mahmood's license to practice law in Virginia. The court suspended implementation of the sanction provided Mr. Mahmood remains under the care of a psychologist and follows treatment recommendations. This was an agreed disposition of disciplinary charges growing out of Mr. Mahmood's conviction of two misdemeanor counts of stalking. The court's order also provides that Mr. Mahmood's license will be revoked if he is convicted of any other acts of stalking committed through June 1, 2006.

go to opinion (PDF posted 8/10/04)

 

July 30, 2004

Larry Lynn Lewis, 3515 Soffit Place, Woodbridge, Virginia 22192-5213

VSB Docket No. 04-051-2579

On July 29, 2004, Larry Lynn Lewis consented to the revocation of his Virginia law license.  The revocation is based on Mr. Lewis's guilty plea to a felony count of forging a judge's signature on a divorce decree and presenting the document to the client as an official court order.

go to order of revocation (PDF posted 8/19/04)  

 

July 26, 2004* ** *** **** ***** ****** ******* ********

Timothy Martin Barrett, Esq., 5701 Thurston Avenue, Suite 101, Virginia Beach, Virginia 23455

VSB Docket Nos. 02-022-1069 and 02-022-1070

The Virginia State Bar Disciplinary Board suspended Timothy Martin Barrett's license to practice law for three years, effective July 23, 2004. The board found that Mr. Barrett, while representing himself in his divorce, violated ethics rules when he filed frivolous pleadings, threatened opposing counsel with disciplinary charges solely to gain an advantage, and communicated improperly with a judge and the opposing party. Mr. Barrett also violated ethics rules by twice being found in contempt of court for failing to pay spousal and child support.

*On July 27, 2004, the Virginia Supreme Court stayed the suspension pending appeal.

go to opinion (PDF posted 8/10/04)

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

***On April 22, 2005, the Virginia Supreme Court reversed the decision in part and remanded the matter to the Disciplinary Board for reconsideration of a sanction.

****On September 2, 2005 the Disciplinary Board suspended Mr. Barrett's license for 27 months effective September 2, 2005.

go to order (PDF posted 04/26/06)*

*****On September 6, 2005, the Virginia Supreme Court stayed the suspension pending appeal.

******On October 12, 2005, Mr. Barrett filed an appeal to the Virginia Supreme Court.

*******On April 21, 2006, the Virginia Supreme Court affirmed the decision of the Disciplinary Board.

go to opinion (link posted 04/25/06)

********On May 23, 2006 the Virginia State Bar suspended Mr. Barrett's license to practice law.

 

July 26, 2004

Robert William Gookin, Suite 101, 125 Rowell Court, Falls Church, VA 22046

VSB Docket Nos. 02-041-1061, 03-041-1066, 03-041-1994, 03-041-2533, 03-041-2784

On July 23, 2004, the Virginia State Bar Disciplinary Board suspended Robert William Gookin's law license for thirty days, effective August 14, 2004. The respondent stipulated that he engaged in ethical misconduct associated with failure to communicate and lack of diligence and competence.

go to opinion (PDF posted 8/10/04)

 

July 20, 2004

Charles Lowenberg Pincus, III, Suite 140, 1206 Laskin Road, Virginia Beach, VA 23451

VSB Docket Nos. 03-021-1861, 03-021-1866, 03-021-1868, 03-021-1873, 03-021-2183,

04-021-0670

The Virginia State Bar Disciplinary Board suspended Charles Lowenberg Pincus III's license to practice law for 45 days, effective August 1, 2004, fined him $2,000 and placed him under an 18-month supervision of his escrow accounts. In an agreed disposition, the board found Mr. Pincus violated ethics rules that govern accounting and record-keeping, and he conducted residential real estate settlements without being registered under the Virginia Consumer Real Estate Settlement Protection Act. Although the accounting violations included overdrafts, no client funds were lost.

go to opinion (posted 7/23/04)

 

July 9, 2004

Michael Joseph Miller, Miller & Associates, 105 North Alfred Street, Alexandria, VA 22314

VSB Docket No. 01-042-2286

On July 8, 2004, a panel of the Virginia State Bar Fourth District Committee, Section II, dismissed charges of misconduct brought against Michael Joseph Miller.

 

July 9, 2004

Larry Michael Gross, Route 1, Box 2050, Buckingham, VA   23921

VSB Docket No. 04-000-0354

On July 8, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board fined Larry Michael Gross $1000 for violating the Virginia Consumer Real Estate Settlement Protection Act ( CRESPA ).   From November 1998 to May 2001, Mr. Gross acted as the settlement agent in seven residential real estate closings without proper CRESPA registration, a professional liability insurance policy, a surety bond or a separate fiduciary trust account.

go to opinion (PDF posted 7/20/04)

 

July 1, 2004*

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

VSB Docket No. 04-000-3662

Effective June 25, 2004, the Virginia State Bar Disciplinary Board summarily suspended Steven Jeffrey Riggs's license to practice law in Virginia. The action was based on a two-year suspension with reinstatement conditions of Mr. Riggs's license to practice law in California. All but six months of the California suspension was stayed, and a probationary period of three years was imposed. In California, Mr. Riggs was found to have violated professional rules arising from his failure to refund unearned advance fees, failure to provide an accounting of services rendered for fees paid, failure to release client files and property after the representation ended, incompetence and failure to cooperate with the California bar. The Virginia board ordered Mr. Riggs to appear before it on July 23, 2004, to show cause why the same discipline that was imposed in California should not be imposed in Virginia.

*On July 23, 2004, the Virginia State Bar Disciplinary Board suspended Steven Jeffrey Riggs’s license to practice law in Virginia, effective March 22, 2004.  The Virginia suspension includes the same terms as California’s, with an additional requirement  that Mr. Riggs comply with the Virginia rule that requires a suspended attorney to notify clients of his status.

go to opinion (PDF posted 7/28/04)


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