Disciplinary Actions

   
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Disciplinary System Actions Taken by the
Virginia State Bar

July 2008 – December 2008

(Except for agreed dispositions, disciplinary actions imposed by a District Committee remain subject to appeal for 10 days after notice of the determination is mailed to the Respondent.)

(Except for agreed dispositions, disciplinary actions imposed by the Disciplinary Board remain subject to appeal for 30 days after the Memorandum Order is served on the Respondent.)

archives

updated April 1, 2009


 

 

December 23, 2008

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

VSB Docket Nos. 07-053-0803, 07-053-1613, 07-053-2491, 07-053-2536

On November 21, 2008, the Virginia State Bar Disciplinary Board revoked Brian Merrill Miller's license to practice law. He admitted that in four cases he had violated professional rules that govern diligence, communication, safekeeping property, declining or terminating representation, bar administration and disciplinary matters, and misconduct that reflects adversely on fitness to practice. Mr. Miller abandoned his practice and failed to respond to the VSB investigation of the complaints. He consented to the revocation.

view Miller Revocation Order (pdf posted 12/29/08)*

 

December 23, 2008

Alfred M. Tripp, P.O. Box 9672, Norfolk, Virginia 23505-0672

VSB Docket No. 09-000-077215

On November 21, 2008, the Virginia State Bar Disciplinary Board suspended, Alfred M. Tripp's license to practice law in Virginia, on impairment grounds.

view Tripp Impairment Suspension (pdf posted 12/29/08)*

 

December 15, 2008

Richard James Oulton, 1106 West Main Street, Suite 13, Charlottesville, Virginia 22903

VSB Docket No. 05-032-3243

On September 26, 2008, a Virginia State Bar Third District Subcommittee publicly admonished Richard James Oulton with terms for violating professional rules that govern fees; conflict of interest -- prohibited transactions; safekeeping property; declining or terminating representation; and attempted misconduct. His fee agreement in a bankruptcy case contained language that violated or attempted to violate the disciplinary rules. Mr. Oulton must stop using the fee agreement. This was an agreed disposition.

view Oulton order (pdf posted 12/15/08)*

 

December 2, 2008

Steven Ross Belcher, 42 Harmon Drive, Lebanon, Illinois 62254

VSB Docket No. 09-000-076523

On October 27, 2008, the Virginia State Bar Disciplinary Board suspended Steven Ross Belcher's license as an associate-status lawyer in Virginia for five days, in response to a sanction by the Supreme Court of Missouri for misconduct in that state. The Virginia suspension was effective October 23-27, 2008, which was the time his Virginia license was summarily suspended pending a reciprocal disciplinary hearing. In Missouri, Mr. Belcher received a six-month suspension that was stayed pending a probationary term. This was an agreed disposition of the Virginia matter.

view Belcher order (pdf posted 12/15/08)*

 

December 2, 2008

John Fredrick McGarvey, 320 West Broad Street, Richmond, Virginia 23220-4257

VSB Docket No. 08-000-074826

On September 26, 2008, the Virginia State Bar Disciplinary Board suspended John Fredrick McGarvey's license to practice law for eighteen months based on a conviction in the City of Richmond Circuit Court of driving under the influence - third offense. The suspension is effective retroactive to April 24, 2008 -  the date that his license was summarily suspended by the board pending a disciplinary hearing.

view McGarvey order (pdf posted 12/15/08)*

 

November 25, 2008

Brian Gay, Gay & Cipriano PC, 3500 Virginia Beach Boulevard, Suite 308, Virginia Beach, Virginia 23452

VSB Docket No. 06-022-2717

On September 30, 2008, a three-judge panel in the Virginia Beach Circuit Court affirmed on appeal a public admonition on Brian Gay for violating a professional rule that governs misconduct by engaging in deliberately wrongful acts that reflect adversely upon the lawyer's honesty, trustworthiness, or fitness to practice law. The misconduct occurred in connection with a defamation suit Mr. Gay filed against a former client. The admonition was imposed by the Virginia State Bar Second District Committee, Section II.

view Gay order (pdf posted 11/25/08)*

view Gay Public Admonition (pdf posted 11/25/08)*

 

November 20, 2008

Robert Edward Mittendorff, Post Office Box 70759, Washington, D.C. 20024-0759

VSB Docket Nos. 05-051-4489, 06-051-3136, 07-051-0787, 08-051-074404, 08-051-072084

On October 8, 2008, the Virginia State Bar Disciplinary Board revoked Robert Edward Mittendorff's license to practice law. Mr. Mittendorff admitted that he could not defend himself against pending complaints that alleged he accepted money to perform work for clients, did not perform the work, and did not respond to their efforts to contact him. He consented to the revocation.

view Mittendorff order (pdf posted 11/24/2008)*

 

November 20, 2008

Jay H. Zimmerman, 1224 Lawrence Grey Drive, Virginia Beach, Virginia 23455

VSB Docket No. 07-021-2047

On September 26, 2008, the Virginia State Bar Disciplinary Board publicly reprimanded Jay H. Zimmerman for violating professional rules that govern diligence and safekeeping property. The misconduct occurred during a real estate settlement.

view Zimmerman order (pdf posted 11/24/2008)*

 

November 12, 2008

Peter Campbell Sackett, Peter C. Sackett PC, 714 Court Street, Lynchburg, Virginia 24504

VSB Docket Nos. 07-090-2130, 07-090-070324

On September 26, 2008, the Virginia State Bar Disciplinary Board imposed a thirty-day suspension with terms on Peter Campbell Sackett. The suspension, effective October 6, 2008, resulted from Mr. Sackett's failure to comply with the terms of a public reprimand issued October 12, 2007. He must employ a certified public accountant to bring his accounts into compliance with the Rules of Professional Conduct or his license will be suspended for one year. This was an agreed disposition.

view Sackett order (pdf posted 11/17/2008)*

 

November 12, 2008

Eva Lavonne Stephenson Plum, 3835 Little Calf Pasture Highway, Craigsville, Virginia 24430

VSB Docket No. 09-000-076230

On September 26, 2008, the Virginia State Bar Disciplinary Board suspended Eva Lavonne Stephenson Plum's license to practice law for one year and one day. Ms. Plum was found guilty on June 7, 2008, in Augusta County Circuit Court of eluding police in a vehicle. On August 29, 2008, the board summarily suspended her law license pending the disciplinary hearing.

view Plum order (pdf posted 11/17/2008)*

 

November 6, 2008

Walter Franklin Green IV, Walter F. Green IV PLC, 77 North Liberty Street, Harrisonburg, Virginia 22802

VSB Docket Nos. 07-070-2042, 07-070-2327, 07-070-064880 and 07-070-070159

On October 23, 2008, the Virginia State Bar Disciplinary Board dismissed with prejudice allegations of misconduct against Walter Franklin Green IV.

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

 

November 5, 2008

Owaiian Maurice Jones, Post Office Box 8320, Fredericksburg, Virginia 22404-8320

VSB Docket No. 09-000-076527

On September 26, 2008, the Virginia State Bar Disciplinary Board revoked Owaiian Maurice Jones's license to practice law for failing to comply with rules of the Supreme Court of Virginia that require an attorney to notify clients and others when he or she has been suspended. Mr. Jones was suspended for eighteen months effective June 27, 2008. After clients reported to the bar that Mr. Jones had not notified them and they could not locate him, his practice was placed in receivership by Stafford County Circuit Court on August 4, 2008.

view Jones order (PDF posted 11/7/08)

 

November 5, 2008

Kristina Marie K. Fitzgerald, The Law Office of Kristina M.K. Fitzgerald, Post Office Box 1177, King George, Virginia 22485

VSB Docket No. 06-032-3112

On October 24, 2008, a Virginia State Bar Third District Subcommittee publicly reprimanded Kristina Marie K. Fitzgerald with terms for violating professional rules that govern diligence, communication, declining or terminating representation, candor toward the tribunal, and misconduct involving dishonesty, fraud, deceit, or misrepresentation that reflects adversely on fitness to practice law. The violations occurred in a domestic relations matter. This was an agreed disposition.

view Fitzgerald order (PDF posted 11/7/08)

 

October 29, 2008

David Charles Dickey, Post Office Box 218, Stanardsville, Virginia 22973-0126

VSB Docket No. 06-070-3222

On September 19, 2008, the Virginia State Bar Disciplinary Board suspended David Charles Dickey's license to practice law for thirteen months with twelve months suspended. The resulting thirty-day suspension begins December 15, 2008. The board also suspended Mr. Dickey's registration as a settlement attorney authorized under the Consumer Real Estate Settlement Protection Act for the same time period. He violated disciplinary rules that govern diligence, communication, declining or terminating representation, and responsibilities regarding nonlawyer assistants and statutes that govern real estate closings. Mr. Dickey's law office performed a residential real estate closing while his license was administratively suspended for his failure to comply with a subpoena duces tecum from the VSB. This was an agreed disposition of misconduct charges against Mr. Dickey.

view Dickey order (pdf posted 10/30/2008)*

 

October 27, 2008

Nazanin Malekalketab Nasri, 2000 North Fifteenth Street, Suite 103, Arlington, Virginia 22201.

VSB Docket No. 08-000-074900

On August 22, 2008, the Virginia State Bar Disciplinary Board revoked Nazanin Malekalketab Nasri's license to practice law, effective April 29, 2008. Ms. Nasri pleaded guilty to conspiracy to commit immigration fraud in the U.S. District Court-Eastern District of Virginia in Alexandria. Her license was summarily suspended on April 29, pending the revocation hearing.

view Nasri order (pdf posted 10/28/2008)*

 

October 17, 2008

Michael Christopher Bruno, Suite 316, 2019 Cunningham Drive, Hampton, Virginia 23666

VSB Docket No. 07-010-070591

On August 7, 2008 a three-judge court of Hampton Circuit Court suspended Michael Christopher Bruno's license to practice law for five years with terms, effective August 31, 2008. Mr. Bruno violated professional rules that govern diligence, candor toward the tribunal, fairness to opposing party and counsel, bar admission and disciplinary matters, and misconduct. The violations included dishonesty during a representation on a habeas corpus petition and during a subsequent bar investigation. Under terms of the suspension, Mr. Bruno must repay $3,000 in client fees. This was an agreed disposition of misconduct charges.

view Bruno order (pdf posted 10/17/2008)*

 

October 15, 2008

David William Bodley, 112 Front Street, Pocomoke City, Maryland 21851.

VSB Docket No. 09-000-076569

On September 9, 2008, the Virginia State Bar Disciplinary Board suspended, David William Bodley's license to practice law in Virginia, on impairment grounds.

view Bodley order (pdf posted 10/17/2008)*

 

October 10 2008

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

VSB Docket No. 08-000-075614

On August 22, 2008, the Virginia State Bar Disciplinary Board suspended Bernadette Wilbon O'Neal's license to practice law in Virginia for an indefinite period. The suspension was based on a May 28, 2008 decision by the Maryland Court of Appeals to indefinitely suspend Ms. O'Neal's license to practice law in that state. The Virginia suspension will continue until she proves to the board that her Maryland license has been restored. Ms. O'Neal's Virginia license was summarily suspended on July 24, 2008, pending the August 22 hearing.

view O'Neal order (pdf posted 10/10/2008)*

 

October 10, 2008

Dale Alan Gipe, 3610 Marquette Road, Richmond, Virginia 23234

VSB Docket No. 06-031-0143

On September 8, 2008, the Virginia State Bar Disciplinary Board revoked Dale Alan Gipe's license to practice law. Mr. Gipe admitted that he failed to pay $31,451.85 in monies owed to a title agency in twenty-seven real estate transactions, that he did not follow VSB accounting requirements, and that he wrote checks to himself from the escrow account that contained the funds. He also forged a signature in a real estate closing for which he was the responsible closing attorney. Mr. Gipe consented to the revocation.

view Gipe order (pdf posted 10/10/2008)*

 

October 3, 2008

Robert Charles Neeley Jr., 156 Newtown Road, A-1, Virginia Beach, Virginia 23462

VSB Docket No. 08-022-074213

On September 19, 2008, the Virginia State Bar Second District Committee publicly reprimanded Robert Charles Neeley Jr. for violating disciplinary rules that govern communication and declining or terminating representation. Mr. Neeley delayed responding to a court-appointed client's request for a copy of his transcripts in a criminal case. This was an agreed disposition of misconduct charges.

view Neeley order (pdf posted 10/06/2008)*

 

October 3, 2008

Marshall T. Bohannon Jr., Lafayette Executive Center, Suite 201, 5750 Chesapeake Boulevard, Norfolk, Virginia 23513

VSB Docket No. 09-000-076474

On August 29, 2008, the Virginia State Bar Disciplinary Board suspended Marshall T. Bohannon Jr.'s license to practice law, on impairment grounds.

view Bohannon order (pdf posted 10/06/2008)*

 

September 18, 2008

William Theodore Linka, Richmond Criminal Law, 7 South First Street, Richmond, Virginia 23219

VSB Docket No. 07-033-2689

On September 4, 2008, the Virginia State Bar Third District Committee, Section III, dismissed a case against William Theodore Linka for exceptional circumstances. The committee determined that Mr. Linka had on July 7, 2006, been issued a public reprimand with terms for seven cases similar to this one and in the same time frame, and further action is not warranted.

view Linka order (pdf posted 10/01/2008)*

 

September 18, 2008

Harvey Latney Jr., 1417 Brook Road, Richmond, Virginia 23220

VSB Docket No. 07-033-0910

On September 4, 2008, the Virginia State Bar Third District Committee, Section III, imposed a public reprimand with terms on Harvey Latney Jr. for violating professional rules that governs safekeeping property and responsibilities regarding nonlawyer assistants. Mr. Latney's legal assistant embezzled an estimated $290,000 from clients of his private law practice. He was ordered to report regularly to the bar on his accounts, to make full restitution to the identified clients within five years, and to notify the VSB if he discovers any more embezzlement. This was an agreed disposition of ethics charges against Mr. Latney.

view Latney order (pdf posted 10/01/2008)*

 

September 5, 2008

Owaiian Maurice Jones, Post Office Box 8320, Fredericksburg, Virginia 22404-8320

VSB Docket Nos. 07-060-0522, 07-060-1778, 07-060-1812, 07-060-2039, 07-060-2192, 07-060-2232, 07-060-2324, 07-060-2403, 08-060-072756, 08-060-072958, 08-060-073476, 08-060-073489, 08-060-073591, 08-060-073732, 08-060-073843, 08-060-073893, 08-060-074730

On June 27, 2008, the Virginia State Bar Disciplinary Board suspended Owaiian Maurice Jones's license to practice law for eighteen months. The board found he violated professional rules that govern competence, diligence, communication, safekeeping property, and bar admission and disciplinary matters. The misconduct included mishandling of trust account funds. Six cases were dismissed by the board.

view Jones order (PDF posted 09/16/2008)*

 

September 5, 2008

Robert Bruce Dickert, 311 Rebecca Street, Post Office Box 16444, Bristol, Virginia 24209

VSB Docket No. 07-102-1510

On August 20, 2008, the Virginia State Bar Tenth District Committee, Section II, imposed a public admonition with terms on Robert Bruce Dickert for violating professional rules that govern diligence, communication, and safekeeping property. The misconduct occurred during his representation of a client who was trying to collect a judgment. Mr. Dickert was ordered to bring his attorney trust account into compliance with the assistance of an accountant. This was an agreed disposition of misconduct charges.

view Dickert order (PDF posted 09/16/2008)*

 

August 21, 2008

T. Lee Brown Jr., Parker, Pollard & Brown PC, Suite 300, 6802 Paragon Place, Richmond, Virginia 23230-1655

VSB Docket No. 07-033-2721

On July 18, 2008, the Virginia State Bar Disciplinary Board imposed a public admonition on T. Lee Brown Jr. for violating professional rules that govern diligence and communication. The violations occurred during a divorce representation. This was an agreed disposition of misconduct charges.

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

 

August 7, 2008

Helena Daphne Mizrahi, Post Office Box 7033, Alexandria, Virginia 22307

VSB Docket No. 05-042-39903

On July 15, 2008, the Virginia State Bar Fourth District Committee, Section II, imposed a public reprimand with terms on Helena Daphne Mizrahi for violating professional rules that govern competence, meritorious claims and contentions, fairness to opposing party and counsel, and impartiality and decorum of the tribunal. The misconduct occurred during Ms. Mizrahi's representation of a plaintiff in an employment matter.

view Mizrahi determination (pdf posted 09/03/2008)*

 

August 7, 2008

Chandra Mahinda Bogollagama, 8023 Lewisville Road, McLean, VA 22102

VSB Docket Nos. 04-052-1880, 04-052-3239, 05-052-2717, 06-052-0044, 07-052-0319, and 07-052-1157

On June 11, 2008, a three-judge panel in the Fairfax County Circuit Court revoked Chandra Mahinda Bogollagama's license to practice for violating disciplinary rules that govern diligence, communication with clients, use of an attorney trust account, and the obligation to return unearned fees. The court also found that Mr. Bogollagama engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, and that in connection with the Virginia State Bar's investigation of a disciplinary matter he knowingly made a false statement of material fact. The violations occurred in six cases in which clients hired him to procure U.S. visas for themselves or relatives.

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

 

August 7, 2008

Gerard Raymond Marks, 519 Roanoke Street, Post Office Box 2204, Christiansburg, Virginia 24068-2204

VSB Docket Nos: 07-101-070562, 07-101-070838, 08-101-073184, 08-101-073106, 08-101-072405, 08-101-073225, 08-101-072154

On August 6, 2008, the Virginia State Bar Disciplinary Board revoked Gerard Raymond Marks's license to practice law. Mr. Marks admitted that he accepted client money without performing the work for which he was hired, that he issued a purported settlement check to a client when no settlement had occurred, and that he forged the signatures of judges and other officials on legal documents. Mr. Marks consented to the revocation.

view Marks consent to revocation (pdf posted 09/03/2008)*

 

August 4, 2008

Paul Lee Warren, Suite 100, 409 Duke Street, Post Office Box 11166, Norfolk, Virginia 23517

VSB Docket No. 07-021-0665

On July 7, 2008, the Virginia State Bar Second District Committee imposed a public reprimand on Paul Lee Warren for violating professional rules that govern communication with a represented person. The case involved his representation of homeowners in a dispute with a contractor.

view Warren determination (pdf posted 09/03/2008)*

 

August 4, 2008

Clarence Jordan Ball, III The Rack Law Firm PC, 249 Central Park Avenue, Suite 220, Virginia Beach, Virginia 23462

VSB Docket Nos. 05-021-1669, 05-021-2766

On June 6, 2008, a three-judge court of Virginia Beach Circuit Court reinstated a public admonition of Clarence Jordan Ball III for violating a profession rule that governs safekeeping property. The matter involved Mr. Ball's handling of disputed funds from a dissolved law firm partnership. The admonition originally was imposed December 13, 2007, but was stayed pending an appeal by Mr. Ball. He withdrew the appeal and the Supreme Court of Virginia dismissed it April 17, 2008.

view Ball order dated 01/14/2008 (pdf posted 09/03/2008)*

view Ball final order dated 08/26/2008 (pdf posted 09/03/2008)*

 

July 31, 2008

Rebecca Louise Marquez, P.O. Box 100984, Arlington, Virginia. 22210

VSB Docket No. 06-051-3016

On June 16, 2008, the Virginia State Bar Disciplinary Board imposed a public reprimand with terms on Rebecca Louise Marquez for violating a professional rule that governs safekeeping property. In 2006, the Virginia State Bar received notice of an overdraft of Ms. Marquez's trust account. Ms. Marquez has taken steps, including hiring a practice management consultant, to avoid a recurrence of the events that gave rise to this misconduct. This is an agreed disposition of misconduct charges.

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

 

July 2, 2008

Ashraf Wajih Nubani, Suite 222, 1568 Spring Hill Road, McLean, VA 22102

VSB Docket Nos. 06-051-0381, 06-051-0713 and 06-051-1962

On May 20, 2008, the Virginia State Bar Disciplinary Board imposed a public reprimand on Ashraf Wajih Nubani for violating the disciplinary rule that governs safekeeping of property. On three occasions, the Virginia State Bar received notices of overdrafts on Mr. Nubani's trust account. Mr. Nubani has taken steps to avoid a recurrence of the events that led to the overdrafts, including hiring a law office management consultant. This is an agreed disposition of misconduct charges.

view Nubani order (PDF posted 07/07/08)*

 

July 2, 2008

Neville Paul Crenshaw, 4008 Williamsburg Court, Fairfax, VA 22032.

VSB Docket No. 07-051-2304, 07-051-070059, 07-051-070607, 07-051-070987, and 08-051-072466

On June 23, 2008, the Virginia State Bar Fifth District Committee, Section I, imposed a public reprimand with terms upon Neville Paul Crenshaw for violating Rules of Professional Conduct that govern competence, diligence, and communication. The violations occurred in divorce and custody representations. Mr. Crenshaw has taken steps to avoid a reoccurrence of the events giving rise to this misconduct including retaining the services of a law office practice management consultant. He is required to adopt the consultant's recommendations or face additional discipline. This was an agreed disposition of misconduct charges.

view Crenshaw order (PDFposted 07/07/08)*

 

Disciplinary Actions January 2002 - June 2002

Disciplinary Actions July 2001 - December 2001

Disciplinary Actions January 2001 - June 2001

Disciplinary Actions July 2000 - December 2000

Disciplinary Actions January 2000 - June 2000

Disciplinary Actions July 1999 - December 1999

Disciplinary Actions January 22, 1999 - June 1999

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