Virginia Lawyer Register - March 2014
In this issue:
Notices to Members
View May 2013 Virginia Lawyer Register (PDF of mailed version with hyperlinks to additional materials)
|Respondent’s Name||Address of Record||Action||Effective Date|
|James Anthony Bullard Jr.||Richmond, VA||Suspension—60 Days||December 19, 2013|
|Suspension—90 Days||February 17, 2014|
|Nathan Robert Green||Williamsburg, VA||Public Admonition||August 13, 2013|
|Sara Elizabeth Chase||Henrico, VA||Revocation||November 18, 2013|
|Kyle Mars Courtnall||Fairfax, VA||Suspension—15 Months||November 22, 2013|
|Jerri Lynn Fuller||Alexandria, VA||Suspension—5 years||November 15, 2013|
|David Glenn Hubbard||Richmond, VA||Suspension—3 years||October 25, 2013|
|John George Crandley||Virginia Beach, VA||Public Reprimand w/Terms||November 19, 2013|
|Francis Allen Minor||Springfield, VA||Public Reprimand||January 10, 2014|
|Bibi Bahizi Musafini||Falls Church, VA||Public Reprimand w/Terms||November 25, 2013|
|Stephen John Saunders||Arlington, VA||Public Reprimand w/Terms||January 8, 2014|
|Suspension – Failure to Pay Disciplinary Costs||Effective Date||Lifted|
|Sara Elizabeth Chase||Henrico, VA||November 22, 2013|
|Glenn Charles Lewis||Vienna, VA||October 4, 2013|
|Timothy Allen Ward||Manassas, VA||December 6, 2013|
|Suspension – Failure to Comply with Subpoena||Effective Date||Lifted|
|David Raymond Flynn||Virginia Beach, VA||January 27, 2014|
|Rueben Voll Greene||Richmond, VA||October 3, 2013||December 10, 2013|
|William Shawn McDaniel||Bristol, VA||December 13, 2013|
|Marcus Noah Perdue III||Covington, VA||December 27, 2013|
|William L. Stables Jr.||Harrisonburg, VA||December 3, 2013|
The following are summaries of disciplinary actions for violations of the Virginia Rules of Professional Conduct (RPC) (Rules of the Virginia Supreme Court Part 6, ¶ II, eff. Jan. 1, 2000) or another of the Supreme Court Rules.
Copies of disciplinary orders are available at the Web link provided with each summary or by contacting the Virginia State Bar Clerk’s Office at (804) 775-0539 or firstname.lastname@example.org">email@example.com. VSB docket numbers are provided.
13-032-092356, 13-032-093349, 13-032-093729, 13-032-094006, 10-032-083196, 10-032-084358, 10-032-082580, 10-032-083635
Effective December 19, 2013, a three-judge panel of the Circuit Court of the City of Richmond suspended James Anthony Bullard Jr.’s license to practice law for sixty days for violating professional rules that govern competence, diligence, communication, and declining or terminating representation. This was an agreed disposition of misconduct charges. Mr. Bullard also agreed to a court-imposed ninety-day suspension, to run consecutively to the sixty-day suspension, for failing to comply with terms of a public reprimand issued on September 15, 2011, by the Virginia State Bar Third District – Section II Subcommittee. RPC 1.1, 1.3(a), 1.4(a), 1.16(d)
Nathan Robert Green
On November 26, 2013, a three-judge panel of the Circuit Court for Williamsburg/James City County issued a memorandum order imposing a public admonition to Nathan Robert Green for violating a professional rule that governs fairness to opposing party and counsel. The court dismissed a charge that Green had violated a rule that governs conflict of interest: general rule, for lack of clear and convincing evidence. RPC 3.4(d)
Sara Elizabeth Chase
On November 18, 2013, the Virginia State Bar Disciplinary Board revoked Sara Elizabeth Chase’s license to practice law based on her affidavit consenting to revocation. In consenting to the revocation, Ms. Chase acknowledged that the disciplinary charges against her are true and that she could not successfully defend against them.
Kyle Mars Courtnall
11-052-088056, 12-052-088622, 12-052-089214, 12-052-089485, 12-052-090130, 13-052-093638, 13-052-094313
On November 20, 2013, the Virginia State Bar Disciplinary Board suspended Kyle Mars Courtnall’s license to practice law for fifteen months for violating professional rules that govern competence, diligence, communication, conflict of interest: general rule, safekeeping property, declining or terminating representation, and misconduct. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a), 1.4(a,b), 1.7(a)(2), 1.15(a)(1)(b)(2-5)(d)(3)(i-iv)(d)(4), 1.16(d), 8.4(b)
Jerri Lynne Fuller
On November 15, 2012, the Virginia State Bar Disciplinary Board suspended Jerri Lynne Fuller’s license to practice law for five years for violating professional rules that govern confidentiality of information, safekeeping property, declining or terminating representation, bar admission and disciplinary matters, and misconduct. RPC 1.6(a); 1.15(a-d); 1.16(d); 8.1(a,b,d); 8.4(a-c)
David Glenn Hubbard
On October 25, 2013, the Virginia State Bar Disciplinary Board suspended David Glenn Hubbard’s license to practice law for three years for violating professional rules that govern diligence, communication, and bar admission and disciplinary matters. RPC 1.3(a), 1.4(a), 8.1(c)
John George Crandley
Virginia Beach, Virginia
On November 19, 2013, the Virginia State Bar Second District Subcommittee issued a public reprimand with terms to John George Crandley for violating professional rules that govern fairness to opposing party and counsel, and judicial officials. This was an agreed disposition of misconduct charges. RPC 3.4(d), 8.2
Francis Allen Minor
On January 10, 2014, the Virginia State Bar Fifth District Subcommittee, Section III, issued a public reprimand to Francis Allen Minor for violating professional rules that govern competence, diligence, safekeeping property, responsibilities regarding nonlawyer assistants, professional independence of a lawyer, direct contact with prospective clients and recommendation of professional employment, bar admission and disciplinary matters, and misconduct. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a), 1.15(a)(2), 5.3(a)(b)(c)(1,2), 5.4(a), 7.3(d)(e), 8.1(a), 8.4(a)
Bibi Bahizi Musafiri
Falls Church, Virginia
On November 25, 2013, the Virginia State Bar Fourth District – Section I Subcommittee issued a public reprimand with terms to Bibi Bahizi Musafiri for violating professional rules that govern diligence, communication, safekeeping property, and declining or terminating representation. RPC 1.3(a), 1.4(a), 1.15(a)(1)(2)(3)(i,ii),(b)(3,4), 1.16(d)
Stephen John Saunders
On January 8, 2014, the Virginia State Bar Fourth District Subcommittee issued a public reprimand with terms to Stephen John Saunders for violating professional rules that govern fees and safekeeping property. This was an agreed disposition of misconduct charges. RPC 1.5(c), 1.15(a)(1)(3)(i)(ii)(b)(4)(d)(3)(i-iv)(4)
The Virginia State Bar is seeking public comment to a proposed amendment to the Bylaws of the Virginia State Bar and Council. Comments are due by May 2, 2014, to the VSB offices or firstname.lastname@example.org. Note that the proposed amendment was amended by the Bylaw Committee after considering comments that were made after the original posting. The proposed amendment adds a new Part III to the bylaws providing for how the bylaws are to be amended:
Part III Miscellaneous
- Upon motion of a Council member, the bylaws contained in either Part I or Part II may be amended at any regular meeting of the Bar Council provided there has been at least 30 days’ notice of the proposed amendment to all Virginia State Bar members. Amendment of the bylaws must be by a two-thirds vote of the Council members present and voting at that regular meeting.
- Any individual, business, or other entity may file or submit written comments in support of or in opposition to the proposed amendments with Karen A. Gould, the Executive Director of the Virginia State Bar, not later than May 2, 2014. Comments may be submitted via email to email@example.com.
On February 22, 2014, the VSB Council approved the following amendment to the VSB e-mail policy.
The Virginia State Bar will send group e-mails to its members only:
- 1) in circumstances as determined to be appropriate by the executive director or a majority of the officers of the bar,
- 2) in a periodic electronic newsletter of official bar news according to guidelines and in a format to be determined by the Communications Committee, and
- (3) in a periodic electronic newsletter by the president regarding items of interest, and
34) in the case of e-mails to their members from bar conferences, sections, committees and task forces, e-mails may be sent as necessary to carry out the work of the conference, section, committee or task force.
Pursuant to Va. Code § 2.2-3705.1(10), member e-mail addresses are exempt from public disclosure, provided the member has asked the VSB not to disclose it. Such requests can be made on the annual dues statement or in writing to the membership department of the VSB. In the absence of such a request, member e-mail addresses are record information subject to disclosure to third parties who ask for such information.
The Virginia State Bar is sponsoring a VSB TECHSHOW on May 19, 2014, at the Richmond Convention Center. The stellar faculty members are all nationally-known veteran ABA TECHSHOW speakers who will offer a full day of legal technology CLE. The conference is free and lunch is included. Watch for registration information on the VSB website.
Beginning April 14, 2014, the VSB address will be 1111 East Main Street, Suite 700, Richmond, VA 23219-3565. New Bar Cards, including the new address, will be sent to members in the fall.
The Midyear Legal Seminar, which is paid for solely by the participants and not by bar dues, will be held in Madrid November 4–11, 2014. See the VSB’s Midyear Seminar website for details.
Space is still available at the webcast locations for the Ninth Annual Indigent Criminal Defense Seminar: Advanced Skills for the Experienced Practitioner on May 2. Register for webcasts in Weyers Cave and in Wytheville. The Richmond Convention Center location is sold out.
Audio recordings of oral arguments made before the Supreme Court of Virginia are now available on Virginia’s Judicial System Website beginning with cases heard Tuesday, January 7, 2014.
Nominations Sought for Committee Vacancies
Deadline for nominations: March 28, 2014
Volunteers are needed to serve the Virginia State Bar’s boards and committees. The Nominating Committee will refer nominees to the VSB Council for consideration at its June meeting.
Vacancies in 2014 are listed below. All appointments or elections will be for the terms specified, beginning on July 1, 2014, unless otherwise noted.
- 6 vacancies (3 current members who are not eligible for reappointment and 3 current members are eligible for reappointment). Filled from ranks of the council for 1-year terms, by council election.
Clients’ Protection Fund Board:
- 3 lawyer vacancies (1 current lawyer member from the 6th disciplinary district who is not eligible for reelection; 2 current lawyer members from the 3rd and 8th disciplinary districts who are eligible for reelection.) May serve 2 consecutive 3-year terms. Elected by council.
Judicial Candidate Evaluation Committee:
- 6 lawyer vacancies (of which 1 vacancy is to be filled by a member from the 27th, 28th, 29th or 30th judicial circuits; 1 vacancy is to be filled by a member from the 10th, 21st, 22nd or 24th judicial circuits, 1 vacancy is to be filled by a member from the 17th or 18th judicial circuits; 1 vacancy is to be filled by a member of the 6th, 11th, 12th, 13th or 14th judicial circuits; and 2 current members-at-large are not eligible for reelection). May serve 1 full 3-year term. Elected by council.
Virginia Law Foundation Board:
- 3 vacancies (of which 2 current lawyer members are eligible for reelection) and 1 lay member (who is not eligible for reelection). May serve 2 consecutive 3-year terms. Elected by VLF Board on recommendation of council.
Virginia CLE Committee:
- 6 lawyer vacancies (of which 6 lawyer members are eligible for reelection to 1-year terms). Elected by VLF Board on recommendation of council.
American Bar Association Delegates:
- 2 vacancies (of which 1 present delegate is eligible for reelection and the other vacancy will be filled by president-elect designate Edward L. Weiner). May serve 3 consecutive 2-year terms. Elected by council. Term commences September 1, 2014.
Nominations, along with a brief résumé, should be sent by to VSB Nominating Committee, c/o Asha Holloman, Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, VA 23219-2800
- The General Practice Section Tradition of Excellence Award at http://www.vsb.org/site/sections/generalpractice/tradition-of-excellence-award. The nomination deadline is March 24, 2014.
- The Special Committee on Access to Legal Services Oliver White Hill Law Student Pro Bono Award at http://www.vsb.org/site/pro_bono/hill-student-pro-bono-award. The nomination deadline is March 28, 2014.
- The Special Committee on Access to Legal Services Virginia Legal Aid Award at http://www.vsb.org/site/pro_bono/virginia-legal-aid-award. The nomination deadline is March 28, 2014.
- The Conference of Local Bar Associations new Bar Association of the Year Award at http://www.vsb.org/docs/conferences/clba/barassoc.pdf. The nomination deadline is April 25, 2014.
- Please see the VSB Awards and Contests page at http://www.vsb.org/site/members/awards-and-contests/ for a list of all bar sponsored awards and deadlines.
Supreme Court of Virginia Has Amended Rule 1:18, Regarding Pretrial Scheduling Orders
Effective May 1, 2014, the Supreme Court of Virginia Has Amended Rule 1:18 Regarding Pretrial Scheduling Orders of the Rules of the Supreme Court of Virginia.
Rules of Supreme Court of Virginia, Part One Rules Applicable to All Proceedings
Rule 1:18. Pretrial Scheduling Order.
- A. In any civil case the parties, by counsel of record, may agree and submit for approval and entry by the court a pretrial scheduling order. If the court determines that the submitted order is not consistent with the efficient and orderly administration of justice, then the court shall notify counsel and provide an opportunity to be heard.
- B. In any civil case
wherein which a pretrial scheduling order ishas not otherwise been entered pursuant to paragraph A of this Rulethe court’s normal scheduling procedure, the court may, upon request of counsel of record for any party, or in its own discretion, enter the pretrial scheduling order contained in Section 3 of the Appendix of Forms at the end of Part I of these Rules (Uniform Pretrial Scheduling Order). No court shall enter the Uniform Pretrial Scheduling Order unless notice has been provided to all counsel of record at least 14 days prior to entry of the order. Upon motion by any party objecting to entry of the Uniform Pretrial Scheduling Order, the court shall hold a hearing prior to entry of the order.The court shall cause copies of the order so entered to forthwith be transmitted to counsel for all parties. If any party objects to or requests modification of that order, the court shall (a) hold a hearing to rule upon the objection or request or (b) with the consent of all parties and the approval of the court, enter an amended pretrial scheduling order.
- C. With the exception of domestic relations cases, a court may not enter a scheduling order which deviates from the terms of the Uniform Pretrial Scheduling Order unless either (1) counsel of record for all parties agree to different provisions, or (2) the court, after providing an opportunity for counsel of record to be heard, makes a finding that the scheduling order contained in the Appendix is not consistent with the efficient and orderly administration of justice under the specific circumstances of that case.
Amended by Order dated February 28, 2014; effective May 1, 2014.
View order on the Supreme Court of Virginia website: http://www.courts.state.va.us/courts/scv/rules.html