December
29, 2005
David
Michael
Gammino, 108
East
Cary
Street,
Richmond,
VA 23219
VSB
Docket
Nos.
05-032-2612,
05-032-2481,
05-032-2483,
05-032-2493,
and
05-032-2484
On
December
20,
2005,
the
Third
District
Committee,
Section
II,
imposed
a public
admonition
with
terms on
David
Michael
Gammino
for
misconduct
in five
cases.
In one
case, he
failed
to
deposit
unearned
legal
fees
into a
trust
account,
and he
did not
maintain
appropriate
account
ledgers.
Four
cases
involved
court-appointed
representation
in
criminal
appeals.
The
committee
found he
violated
ethical
rules
that
govern
competence,
diligence,
communication
and
supervision
of
nonlawyer
assistants.
Under
the
terms of
the
sanction,
Mr.
Gammino
must
change
to
associate
membership
status
and take
continuing
legal
education
courses
on
appellate
practice.
Before
he
rejoins
as an
active
member,
he must
hire a
law
office
management
consultant.
If he
does not
comply,
he will
be
publicly
reprimanded.
This was
an
agreed
disposition
of
misconduct
charges
against
Mr.
Gammino.
go to opinion (pdf posted 12/29/05)
December
28, 2005
Bernice
Marie
Stafford
Turner,
P. O.
Box 272,
Farmville,
Virginia
23901
VSB
Docket
Nos.
02-032-3876
and
03-032-1259
On
December
14,
2005,
the
Virginia
State
Bar
Disciplinary
Board
imposed
a public
reprimand
with
terms on
Bernice
Marie
Stafford
Turner
in two
instances
of
bankruptcy
representation.
She
failed
to
deposit
client
funds
into a
trust
account,
failed
to
follow
trust
account
requirements
and
failed
to
adequately
explain
fees to
a
client.
Ms.
Turner
must
take
continuing
legal
education
courses
before
accepting
any new
bankruptcy
clients,
undergo
training
in an
accounting
software
program,
and hire
a law
office
management
consultant.
If she
does not
comply,
the
board
will
suspend
her
license
to
practice
law for
four
months.
This was
an
agreed
disposition
of
misconduct
charges
against
Ms
Turner.
go to opinion (pdf posted 12/29/05)
December
20, 2005
Patrick
Ross
Bynum
Jr.,
Bynum,
Coleman,
Goots &
Muzi,
L.L.P.,
The
Lockwood
Office
Building,
Suite
218,
9097
Atlee
Station
Road,
Mechanicsville,
VA 23116
VSB
Docket
Nos.
04-033-3260
and
04-033-3261
On
December
19,
2005,
the
Virginia
State
Bar
Disciplinary
Board
issued a
public
reprimand
to
attorney
Patrick
R. Bynum
Jr.
for
failing
to
comply
with
trust
account
rules.
The
board
noted
that
none of
Mr.
Bynum's
clients
were
harmed
by poor
record-keeping
practices
or his
occasional
failure
to
deposit
client
funds
and
withdraw
earned
fees in
a timely
manner.
The
board
also
noted
that he
responded
proactively
to the
problems
by
commissioning
an
independent
audit of
his
trust
account
records,
which he
shared
with the
bar.
This was
an
agreed
disposition
of
misconduct
charges
against
Mr.
Bynum.
go to opinion (pdf posted 1/3/06)
December
19, 2005
Mikre-Michael
Ayele,
Law
Offices
of Mikre-Michael
Ayele,
22 South
Old
Glebe
Road
#B-5,
Arlington,
VA 22204
VSB
Docket
No.
06-041-0284
On
December
16,
2005,
the
Virginia
State
Bar
Disciplinary
Board
suspended
Mikre-Michael
Ayele's
license
to
practice
law for
one year
and one
day,
effective
immediately.
The
board
found
that in
representing
two
clients
in
separate
immigration
matters,
Mr.
Ayele
failed
to act
with
reasonable
diligence
and
promptness,
failed
to
communicate
appropriately
with the
clients,
and
failed
to
withdraw
from
each
client's
representation
when Mr.
Ayele's
physical
or
mental
condition
required
that he
do so.
The
license
suspension
was
occasioned
by Mr.
Ayele's
failure
to
comply
with
terms of
discipline
imposed
earlier
by a
district
subcommittee
in the
same
matters.
go to opinion (pdf posted 1/3/06)
December
8, 2005
Kristen
Dawn
Dean,
P.O. Box
743,
Norton,
Virginia
24273
VSB
Docket
No.
04-102-3065
On
December
6, 2005,
the
Virginia
State
Bar
Disciplinary
Board
suspended
Kristen
Dawn
Dean's
law
license
for five
years,
effective
on or
before
December
16,
2005,
for
misappropriating
portions
of a
client's
personal
injury
settlement for
her own
use and
then
taking
steps to
deceive
and to
conceal
the
misconduct.
The
board
found
that Ms.
Dean
failed
to
properly
communicate
with her
client;
failed
to
obtain a
written
contingency
fee
agreement,
failed
to provide
an
appropriate
account
of the
client's
funds;
made
false
statements;
engaged
in
deliberately
wrongful
conduct;
and
engaged
in
fraud,
deceit
or
misrepresentation.
Ms. Dean
must pay
restitution,
be
evaluated
by
Lawyers
Helping
Lawyers,
and
follow
any
treatment
plan
Lawyers
Helping
Lawyers
recommends. If
she does
not
comply,
the
board
will
revoke
her
license.
This was
an
agreed
disposition
of
misconduct
charges
against
Ms. Dean.
go to opinion (PDF posted 12/28/05)
December
7, 2005
Robert
J.
Harris,
Esquire,
258 West
King
Street,
Strasburg,
Virginia
22657
VSB
Docket
Nos.
04-070-3724,
05-070-0364,
05-070-0365,
05-070-0550,
05-070-0925
On
December
5, 2005
the
Virginia
State
Bar's
Seventh
District
Committee
issued
five
public
reprimands,
four
with
terms,
to
Robert
J.
Harris
for
misconduct
in five
cases
that
involved
bankruptcy,
civil
litigation
and
intestate
law. The
committee
found
that Mr.
Harris
did not
act
diligently
and
promptly
in
representing
clients,
he did
not
communicate
with his
clients
concerning
the
status
of
cases,
he did
not
adequately
explain
his fees
to
clients,
he did
not
deposit
advance
legal
fees
into his
attorney
trust
account,
he did
not take
steps to
protect
clients'
interest
or
refund
any
unearned
advance
legal
fees,
and he
did not
timely
respond
to
numerous
requests
for
information
from the
bar. In
two
matters,
he
committed
a
deliberately
wrongful
act by
not
performing
the work
as
hired.
Mr.
Harris
must
make a
full or
partial
refund
of the
fees,
hire an
office
management
consultant
and
implement
the
mandated
office
procedures,
and
establish
an
attorney
trust
account
consistent
with VSB
guidelines.
If Mr.
Harris
fails to
comply
with the
terms,
the
matters
will be
referred
to the
VSB
Disciplinary
Board
for
further
sanctions.
This was
an
agreed
disposition
of
misconduct
charges
against
Mr.
Harris.
go to opinion (PDF posted 12/28/05)
November
30,
2005
*
Bonar
Mayo
Robertson,
Esquire,
1 Ivy
Leaf
Court,
Boyds,
Maryland,
20841
VSB
Docket
No.
06-000-1650
On
November
21,
2005,
the
Virginia
State
Bar
Disciplinary
Board
suspended
Bonar
Mayo
Robertson's
license
to
practice
law,
in
response
to a
ninety-day
suspension
of his
Maryland
law
license
effective
May 1,
2005.
The
Maryland
Court
of
Appeals
found
that,
in a
personal
injury
case,
Mr.
Robertson
took
his
own
fee
from
settlement
funds,
but
failed
for
over
four
months
to
notify
the
client
or
medical
providers
that
he was
holding
funds
for
them.
During
that
time,
his
trust
account
fell
below
the
amount
needed
to
satisfy
the
medical
liens.
In
another
matter,
Mr.
Robertson
made
little
effort
to
settle
a
client's
case,
failed
to
file
suit
on her
behalf
in a
timely
manner,
and
then
failed
to
terminate
the
representation
properly.
Mr.
Robertson
was
ordered
to
appear
before
the
Virginia
board
on
December
16,
2005,
to
show
cause
why
his
Virginia
license
should
not be
similarly
suspended.
*On
December
8,
2005
the
Disciplinary
Board
suspended
Mr.
Robertson's
license
to
practice
law
for 90
days,
commencing
November
21,
2005.
This
was an
agreed
disposition
of the
reciprocal
charges
against
Mr.
Robertson.
go to opinion (PDF posted 12/16/05)
November
30,
2005
Gregg
Michael
Paley,
22790
Pinewood
Court,
Boca
Raton,
Florida
33433
VSB
Docket
No.
06-000-1439
On
November
28,
2005,
the
Virginia
State
Bar
Disciplinary
Board
revoked
Gregg
Michael
Paley's
license
to
practice
law.
Mr.
Paley
signed
an
affidavit
agreeing
to
revocation
following
his
guilty
plea
to a
federal
charge
for
failing
to
respond
truthfully
to
federal
agents
investigating
money
laundering.
At the
time
of his
guilty
plea,
Mr.
Paley
already
agreed
to
surrender
his
law
licenses
in
Florida
and
the
District
of
Columbia.
go to consent to revocation order (pdf posted 12/6/05)
November
23, 2005
* **
Brian Charles Shevlin, Shevlin Smith, Suite 102, 4084 University Drive, Fairfax, Virginia 22030.
VSB Docket No. 04-041-2338
On November 18, 2005, the Virginia State Bar Disciplinary Board imposed a public admonition upon Brian Charles Shevlin for failing to act with diligence and promptness in representing a client; failing to promptly pay funds to a person entitled to receive them; and knowingly disobeying the ruling of a tribunal. While representing a plaintiff in a medical malpractice matter, Mr. Shevlin signed an agreement with the United States government to assert the government's claim for the value of health care provided to his client's late wife in exchange for the government's litigation assistance. Mr. Shevlin settled the medical malpractice case and placed the sum of $150,000 in escrow for the government lien, in accordance with a court-approved compromise of his client's claim. Mr. Shevlin thereafter disputed the government's entitlement to the funds, and informed the government that unless the matter were resolved within thirty days he intended to disburse the escrowed funds to his client. After thirty days, he sent his client the sum of $150,000 with a letter requesting agreement that his client indemnify Mr. Shevlin's law firm in the event the government were to assert "its lien holder rights" against the firm.
*On
November
28,
2005,
Mr.
Shevlin
filed
a
motion
for
reconsideration
of the
board's
decision.
**On
December
1,
2005
the
board
denied
the
motion
for
reconsideration.
go to reconsideration denied order (pdf posted 12/6/05)
go to final order (pdf posted 12/6/05)
November 21, 2005
Burman Aaron Berger, Suite 1605, 51 Monroe Street, Rockville, Maryland, 20850
VSB Docket No. 06-000-1312
On November 18, 2005, the Virginia State Bar Disciplinary Board revoked Burman Aaron Berger's license to practice law, in response to his disbarment in Maryland that took effect September 20, 2005. Maryland disciplinary authorities found he had committed misconduct in cases involving personal injury and a home improvement project, and had violated professional rules that govern diligence, communication and response to the bar counsel's request for information.
go to opinion (PDF posted 12/28/05)
November
18, 2005
John
Joseph
Vavala,
Suite
103, 124
South
Lynnhaven
Road
Virginia
Beach,
Virginia
23452
VSB
Docket
No.
04-021-2543,
04-021-3102
On
November
18,
2005,
the
Virginia
State
Bar
Disciplinary
Board
suspended
the law
license
of
John
Joseph
Vavala for five
years,
effective
immediately,
for
failing
in two
business
law
cases to
place
client
funds in
a trust
account
and pay
the
funds
out as
agreed.
One
client
suffered
a civil
judgment
because
of Mr.
Vavala's
failure
to pay
funds to
a third
party,
and had
to
mortgage
his home
to pay
the
judgment
and
interest.
The
board
found
Mr.
Vavala
had
committed
misconduct
by
engaging
in
deliberately
wrongful
conduct;
neglecting
client
matters;
engaging
in
fraud,
deceit
and
misrepresentation;
and
failing
to
comply
with
requests
for
information
from the
Virginia
State
Bar. Mr.
Vavala
stipulated
to the
facts
alleged
by the
VSB and
paid
full
restitution
to both
clients
before
the
board
hearing.
go to opinion (PDF posted 12/28/05)
November
16, 2005
Kathleene
Anne
Cipriano;
Suite
308,
3500
Virginia
Beach
Boulevard,
Virginia
Beach,
Virginia
23452
VSB
Docket
No.
04-021-3300
On
November
10,
2005,
the
Virginia
State
Bar
Second
District
Committee,
Section
I,
dismissed
charges
of
misconduct
against
Kathleene
Anne
Cipriano
for lack
of clear
and
convincing
evidence.
November
10, 2005
George
E.
Talbot
Jr.,
Suite
408,
High & Crawford
Streets,
P.O. Box
1203,
Portsmouth,
Virginia
23705-1203
VSB
Docket
Nos.
05-010-1360
and
05-010-1361
On
November
8, 2005,
the
Virginia
State
Bar
Disciplinary
Board
suspended
George
E.
Talbot
Jr.'s license
to
practice
law for
sixty
days,
effective
December
1, 2005,
for
failing
to be
diligent,
to
communicate,
and to
properly
respond
to
complaint
letters
from the
bar. The
board
found
that, in
two
criminal
defense
cases,
Mr.
Talbot
failed
to
properly
appeal
his
clients'
convictions
and
failed
to
adequately
advise
the
clients
of the
dismissal
of their
appeals,
the
reason
for the
dismissals
and the
possibility
of
seeking
delayed
appeals.
Although
Mr.
Talbot
failed
to
respond
to
initial
complaint
letters,
he later
fully
cooperated
with the
VSB's
investigation.
This was
an
agreed
disposition
of
misconduct
charges
against
Mr.
Talbot.
go to opinion (pdf posted 11/16/05)
