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)

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)

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

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

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 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)

November 10, 2005

Charles Frederick Daum, 736 5^th Street, NE, Washington, D.C. 20002

VSB Docket No. 04-041-3265

On November 8, 2005, a three-judge panel in the Arlington County Circuit Court imposed a public reprimand with terms upon Charles Frederick Daum. The judges found that, in a criminal defense case, Mr. Daum failed to keep unearned fees in a properly managed trust account; failed to provide a prompt accounting and return unearned fees after he was discharged as the client's attorney; and failed to promptly forward the client's file materials to the client's new attorney. Mr. Daum ultimately refunded the full amount of the fee and provided the file materials to his client. Mr. Daum must hire a law-office management consultant to ensure his compliance with ethics rules for trust accounts. If he does not comply, his license to practice law could be suspended for six months. This is an agreed disposition of misconduct charges against Mr. Daum.

November 10, 2005

Edgar Hampton DeHart, Jr., P.O. Box 1613, Galax, Virginia 24333

VSB Docket No. 04-101-3621

On November 4, 2005, the Virginia State Bar Tenth District Committee, Section I, imposed a public reprimand on Edgar Hampton DeHart Jr. for lack of diligence and communication that resulted in a consumer law case being struck from a court's docket.

VSB Docket No. 04-101-3436

Charges of professional misconduct in a domestic relations matter were dismissed by the committee.

go to opinion (PDF posted 12/28/05)

November 4, 2005     *

William McMillan Powers, 3209 Granada Road, Portsmouth, Virginia 23703

VSB Docket No. 05-000-3014

On October 28, 2005, the Virginia State Bar Disciplinary Board recommended that the Supreme Court of Virginia grant William McMillan Power's petition for reinstatement of his license to practice law. The recommendation followed a hearing in which the Virginia State Bar counsel opposed the petition. Mr. Powers surrendered his license on May 28, 1992, after pleading guilty to a federal bank fraud charge. The board's recommendation will be filed with the court, which will take final action on Mr. Power's petition.

go to opinion (pdf posted 12/9/05)

*On October 25, 2006, the Virginia Supreme Court reinstated Mr. Powers license to practice law.

November 1, 2005

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

VSB Docket No. 06-000-0648

On October 28, 2005, the Virginia State Bar Disciplinary Board suspended the law license of Charles Everett Malone for two years for failing to comply with the terms of a previous disciplinary agreement by not refunding an unearned fee by a specific date. The new suspension will begin on December 7, 2006, when the current two-year suspension imposed by the agreement expires.

go to opinion (pdf posted 11/23/05)

November 2, 2005  * ** *** ****

Timothy Martin Barrett, Esq., The Injury Law Institute of VA, Convergence Center I, Suite 200, 295 Bendix Road, Virginia Beach, VA 23452

VSB Docket Nos. 04-022-1309, 04-022-2179, and 04-022-3583

On October 12, 2005, a three-judge court sitting in Virginia Beach Circuit Court suspended Timothy Martin Barrett from practicing law for thirty months, effective November 1, 2005. The court found that, in the course of representing himself in three cases, Mr. Barrett used tactics calculated to embarrass, delay or burden other persons; committed a deliberately wrongful act that reflected adversely on his honesty, trustworthiness or fitness as a lawyer; made frivolous claims; and acted incompetently as an attorney. In one case, Mr. Barrett offered to dismiss a subpoena that required a witness to travel 335 miles to testify in Mr. Barrett's own domestic relations case, in exchange for the witness dropping a lien for attorney's costs in an unrelated matter. In another case, Mr. Barrett attempted to call his former spouse's counsel as an adverse witness, although there was no basis for his contention that the attorney and his former spouse had a personal relationship. In a third case, a legal malpractice matter in which Mr. Barrett was the defendant, he filed a special plea of immunity alleging that, because he practiced as a limited liability entity, he was not personally liable for any legal malpractice he had committed. He refused to withdraw the plea after it was demonstrated that the law did not support his position.

view Barrett opinion (pdf posted 05/14/07)*

*On November 2, 2005, the Virginia Supreme Court stayed the suspension pending appeal.

**On December 7, 2005, Mr. Barrett filed an appeal to the Virginia Supreme Court.

***On October 4, 2006, the Virginia Supreme Court affirmed the judgment of the three-judge court in part and reversed in part.  The Court vacated the thirty month suspension and remanded the case for consideration of an appropriate sanction for the remaining violations.

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

go to opinion www.courts.state.va.us (link posted 10/18/06)

****On March 28, 2007, the three-judge court imposed a twenty-four month suspension to run consecutively to the current suspension of Mr. Barrett's license.

October 31, 2005  * ** *** **** ***** ******

William P. Robinson, Jr., W.P. Robinson & Associates, 256 West Freemason Street, Norfolk, VA 23510-1221

VSB Docket No. 04-022-2192

On October 28, 2005, the Virginia State Bar Disciplinary Board suspended William P. Robinson, Jr. from the practice of law for a period of three years, effective immediately.  The board found that in handling personal injury cases of a husband and wife, Mr. Robinson failed to act competently, promptly and diligently; did not keep his clients reasonably informed about the status of their cases; and failed to protect their interests when he terminated the representations.  Among other things, the board found that Mr. Robinson's reasons for dismissing the wife's case were not well founded, that he failed to serve an insurance company he sued to obtain uninsured motorist coverage and did not advise the husband for over four years that he had dismissed his case.

*On November 2, 2005, the Virginia Supreme Court stayed the suspension pending appeal.

**On November 30, 2005, Mr. Robinson filed an appeal to the Virginia Supreme Court.

October 27, 2005

Kevin Peter Shea, 34 West Queens Way, P.O. Box 310, Hampton, Virginia 23669-0310

VSB Docket Nos. 04-010-1311 and 04-010-2610

On October 25, 2005, the Virginia State Bar Disciplinary Board suspended Kevin Peter Shea's license to practice law for sixty days, effective December 15, 2005, for failing to be diligent, to communicate, and to properly withdraw from a case. The board found that in one criminal defense case, Mr. Shea failed to promptly ascertain the purpose of a hearing date and request a continuance; he then withdrew from the matter without permission from the court. In a second case, the board found Mr. Shea failed to diligently pursue a criminal appeal and a habeas corpus petition, and he failed to communicate with his client. The board required Mr. Shea to refund the fee paid by one client, and barred him from taking new criminal appeal cases. If Mr. Shea violates those terms, or if any new findings of misconduct occur in a year's time, the board will impose an additional suspension of one year and one day. This was an agreed disposition of misconduct charges against Mr. Shea.

October 27, 2005

Kenan Michael Pinkard, Post Office Box 41419, Norfolk, Virginia 23502

VSB Docket Nos. 04-021-2415, 04-021-2731, 05-021-0053

On October 25, 2005, a three-judge court sitting in Norfolk Circuit Court suspended the law license of Kenan Michael Pinkard for two years, effective November 1, 2005. The court found that Mr. Pinkard violated several professional conduct rules in a personal injury case by wrongfully obstructing a party's access to evidence, filing groundless motions, behaving rudely to court personnel and engaging in other disruptive behavior after the court admonished him. He also displayed a lack of competence in personal injury litigation. In a second case, the court found that he deliberately submitted false and excessive billing statements to the court in two guardian ad litem matters. In a third case, the court found that he used a misleading letterhead in correspondence with the courts.

go to opinion (pdf posted 12/6/05)

October 26, 2005

John Edward Stanley, 376 West Main Street, P.O. Box 305, Lebanon, VA 24266-0305

VSB Docket No. 04-102-3712

On October 20, 2005, the Virginia State Bar Tenth District Committee, Section II, imposed a public reprimand with terms on John Edward Stanley for lack of diligence and communication in his court-appointed representation of a criminal defendant.  John Edward Stanley must attend six hours of continuing legal education in criminal appellate practice and/or procedure, in addition to the normal CLE requirements. If he does not comply, the case will be heard by the VSB Disciplinary Board for possible further sanctions.

go to opinion (pdf posted 11/22/05)

October 20, 2005

Tinya Lynette Banks, Janaf Office Building, Suite 508, 5900 East Virginia Beach Blvd., Norfolk, VA 23502

VSB Docket Nos. 04-022-3710 (Cuffee), 04-022-2651 (Michailow), and 04-022-2501 (Pretlow)

On October 18, 2005, the Virginia State Bar Second District Committee, Section II, issued a public reprimand to Tinya Lynette Banks for failing to cooperate with the bar's investigation of three complaints; for failing to communicate with clients; for failing to preserve a client's advance payments until she had earned the fees; for failing to turn over a client's file upon demand; and for failing to promptly undertake a matter after being retained. The subcommittee cited substantial evidence in favor of Ms. Banks, including refunds of unearned fees. This was an agreed disposition of misconduct charges against Ms. Banks.

go to determination (pdf posted 10/24/05)

October 20, 2005

Jeffrey Bourke Rice, 10521 Judicial Drive, Fairfax, VA  22030

Fairfax Circuit Court Case Number 2005-2470

(Virginia State Bar Docket Numbers 04-052-0575, 04-052-3042 and 05-052-1543)

On October 19, 2005, a three-judge panel in Fairfax County Circuit Court revoked Jeffrey Bourke Rice's license to practice law. After hearing three cases presented by the Virginia State Bar, the panel found that Mr. Rice failed to place a client's personal injury settlement check into a trust account and instead converted the funds to his own use; he failed to appear for a number of court hearings and was twice arrested for failing to respond to a rule to show cause; and he failed to perfect a client's appeal in a criminal case or, alternatively, to properly file a motion to withdraw from the case.

October 4, 2005

Mark Steven Weiss, 4328 Ridgewood Center Drive, Woodbridge VA, 22192

VSB Docket No. 04-053-0083

On September 29, 2005, a three-judge panel of the Prince William County Circuit Court suspended Mark Steven Weiss's license to practice law for five years. At the end of that time, he must pass the written portion of the Virginia bar examination before his license will be reinstated. The judges found that, while representing a profoundly disabled child and the child's mother in medical malpractice claims, Mr. Weiss failed to act with competence and diligence; failed to abide by client decisions; intentionally failed to carry out his contract of employment; failed to keep the clients informed regarding the legal matters; failed to handle client funds properly; initiated proceedings without merit; made false statements to a tribunal and others; disobeyed the ruling of a tribunal; and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation. This is an agreed disposition of misconduct charges against Mr. Weiss.

go to opinion (pdf posted 10/7/05)

September 29, 2005

Neil Edward Motter, P. O. Box 132, Brandy Station, VA 22714-0132

VSB Docket No. 05-070-3304

On September 26, 2005, the Virginia State Bar Disciplinary Board suspended Neil Edward Motter's license to practice law for failure to respond to a bar subpoena duces tecum.

September 28, 2005

Troy Aurelius Titus, Troy A. Titus, P.C. 477 Viking Drive, Suite 150, Virginia Beach, VA  23452

VSB Docket Nos.:  03-022-1772, 03-022-3476, 03-022-3706, 03-022-3852, 04-022-0381, 05-022-0189, 05-022-0235, 05-022-0371, 05-022-0537, 05-022-2907, 05-022-2966, 05-022-3081, 05-022-3879, 05-022-3984, and 05-022-4402

On September 28, 2005, the Virginia State Bar Disciplinary Board revoked Troy Aurelius Titus's license to practice law. The bar received notice of fifteen overdrafts involving two attorney escrow accounts and three real estate attorney trust accounts for which Mr. Titus was responsible.  Mr. Titus consented to the revocation and agreed to waive his right to petition the Supreme Court of Virginia for reinstatement. 

go to consent to revocation (pdf posted 10/03/05)    

September 27, 2005

Mary G. Commander, 5442 Tidewater Drive, Norfolk, VA 23509

VSB Docket Number 05-022-1733

On September 22, 2005, a panel of the Virginia State Bar Second District Committee, Section II dismissed conflict of interest charges against Mary G. Commander.

Robin Leitch Tolerton

5735 Poplar Hall Drive, Norfolk, VA 23502

VSB Docket No. 04-022-3461

On May 11, 2005, the Second District Committee, Section II, issued a private admonition to Robin Leitch Tolerton for neglecting a domestic relations matter and failing to respond to her client's repeated requests for information. The subcommittee found that Ms. Tolerton agreed to seek payments due under a divorce decree she had previously obtained for the client. After writing a demand letter, Ms. Tolerton took no further steps to secure the payments and failed to respond to her client's inquiries about the matter for more than six months. The private admonition became public after Ms. Tolerton appealed the sanction, and the appeal was posted on the public hearing docket. Shortly before the hearing, Ms. Tolerton dropped her appeal.

go to opinion (pdf posted 10/03/05)

September 26, 2005, 2005  * **

James B. Hovis, 124 West 60^th Street, Apt.45-F, New York, NY 10023

VSB Docket No. 05-041-0517

On September 23, 2005, the Virginia State Bar Disciplinary Board suspended James B. Hovis's license to practice law for five years. The board found that Mr. Hovis knowingly disobeyed the standing rule of a tribunal; failed to respond to the Virginia State Bar's lawful demands for information in the course of the disciplinary proceedings; made false or reckless statements regarding the integrity of a judge; and engaged in deliberately wrongful acts reflecting adversely on his fitness to practice law. The findings of misconduct and the sanction are predicated upon Mr. Hovis's violation of court orders issued in New York, the contents of a letter he wrote to a judge in New Jersey and his failure to maintain a current address of record with the Virginia State Bar.

go to opinion (pdf posted 10/25/05)

*On November 21, 2005, Mr. Hovis filed an appeal to the Virginia Supreme Court.

**On March 20, 2006, the Virginia Supreme Court  dismissed the appeal.

September 23, 2005

Todd Jay French, 4209 Fitzhugh Avenue, Richmond, VA 23230

VSB Docket Nos. 05-033-2615, 05-033-2803, 05-033-3362, 05-033-4079, and 05-033-4132

On September 23, 2005, the Virginia State Bar Disciplinary Board revoked Todd Jay French's license to practice law in Virginia. The board found that Mr. French had not handled four client matters diligently and that he failed to keep his clients reasonably informed about the status of their cases. The board also found that Mr. French failed to respond to the bar's lawful demands for information about the matters. The board ruled that Mr. French knowingly disobeyed an order requiring him to notify clients, as well as opposing counsel and courts in pending litigation, that he was administratively suspended from the practice of law.

VSB Docket No. 05-033-4131 was dismissed by the Disciplinary Board.

go to opinion (pdf posted 12/9/05)

September 23, 2005

Starr Ilene Yoder, Esq., 2704 Elizabeth Harbor Drive, N, Chesapeake, Virginia 23321

VSB Docket Nos. 05-010-0499 and 05-010-0500

On September 23, 2005, the Virginia State Bar Disciplinary Board imposed a public reprimand with terms on Starr Ilene Yoder. The panel found that Ms. Yoder failed to pay employment taxes over a several-year period and improperly used her trust account to shelter her business income from tax collections. Under the terms, she must take courses on trust-account and client-fund management, hire an accountant to certify that her trust account practices comply with legal ethics rules, read a Legal Ethics Opinion on the handling of attorney's fees, and refrain from any other misconduct for a period of one year. If she does not comply with the terms, her license will be suspended for a year and a day.

go to opinion (pdf posted 10/14/05)

September 14, 2005

Patrick Ross Bynum, Jr., Bynum, Coleman, Goots & Muzi, L.L.P., The Lockwood Office Building, Suite 218, Mechanicsville, VA 23116

VSB Docket No. 05-033-0149

On September 13, 2005, the Virginia State Bar Third District Committee, Section III, issued a public reprimand with terms to Patrick Ross Bynum Jr. for failing to pursue a court-appointed client matter diligently and to communicate with the client. Mr. Bynum must serve a copy of the reprimand on his law firm partners.

go to opinion (pdf posted 10/03/05)