Virginia Lawyer Register - January 2012
In this issue:
- Administrative Suspensions
- FBI Warns of Internet Advance-Fee Scam
- Education Loan Repayment Assistance Available for Prosecutors and Public Defenders in Virginia
View January Virginia Lawyer Register (PDF of mailed version with hyperlinks to additional materials)
|Respondent’s Name||Address of Record||Action||Effective Date|
|Barbara Lyn Brackett||Vienna, VA||Revocation|
|James Paul Campbell||Leesburg, VA||Public Reprimand|
|Brett Nathan Dorny||Arvade, CO||Revocation|
|Wayne Richard Hartke||Reston, VA||Public Reprimand w/Terms|
|Walter L. Hooker||Richmond, VA||Revocation|
|Gerald Isadore Katz||Vienna, VA||Suspension – 6 Months|
|Vernon Keeve, Jr.||Fredericksburg, VA||Suspension w/Terms – 10 Days|
|Lindsey Owen Sutherland||Fairfax,VA||Revocation|
|Harry Tun||Washington, DC||Suspension w/Terms – 18 Months|
|Carl V. Williams||New Orleans, LA||Suspension w/Terms – 1 year|
|Brian Keith Stevens||Glen Allen, VA||Public Reprimand w/Terms|
|Suspension – Failure to Pay Disciplinary Costs||Effective Date||Lifted|
|Peyton Moncure Chichester III||Richmond, VA||November 8, 2011|
|Brian Gay||Virginia Beach, VA||November 4, 2011|
|John Warren Hart||Virginia Beach, VA||October 21, 2011|
|Jonathon Alden Moseley||Reston, VA||November 8, 2011||November 16, 2011|
|William Orr Smith||Richmond, VA||September 30, 2011|
|Bradley Douglas Wein||Richmond, VA||November 2, 2011|
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. VSB docket numbers are provided.
Barbara Lyn Brackett
09-051-79535, 10-051-080672, 10-051-081366, 10-051-083123, 11-051-085131
On August 26, 2011, the Virginia State Bar Disciplinary Board revoked Barbara Lyn Brackett’s license to practice law for violating rules that govern truthfulness, fraud, deceit, misrepresentation, and deliberately wrongful acts all reflecting adversely on her fitness to practice; was found to have violated trust account requirements by failing to have a trust account; and was found to have damaged a client during the course of a representation. Ms. Brackett’s license has been suspended since October 10, 2002, and she has not been authorized to practice law in Virginia since that date. RPC 1.1, 1.15(a)(c), 1.4, 3.3(a) (1), 4.1(a), 5.5(c), 7.5(a) (d), 81.(a)(c), 8.4 (a)(b)(c)
James Paul Campbell
On September 23, 2011, the Virginia State Bar Disciplinary Board imposed a public reprimand on James Paul Campbell for violating professional rules that govern the unauthorized practice of law. RPC 5.5(a)(1)
Brett Nathan Dorny
On October 28, 2011, the Virginia State Bar Disciplinary Board revoked Brett Nathan Dorny’s license to practice law, based on his August 4, 2011, disbarment in Massachusetts. His Virginia license was summarily suspended on September 29, 2011.
On September 29, 2010, the Virginia State Bar Disciplinary Board summarily suspended Brett Nathan Dorny’s license to practice law based on the August 4, 2011, disbarment in Massachusetts. The board ordered Mr. Dorny to appear on October 28, 2011, to show cause why the same sanction should not be imposed in Virginia.
Wayne Richard Hartke
08-053-070206, 09-053-078491, 09-053-079792, 10-053-081287
On August 26, 2011, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Wayne Richard Hartke after finding he had violated disciplinary rules that govern diligence, communication, fees, safekeeping property, declining or terminating representation, candor toward the tribunal, and misconduct. RPC 1.3(a); 1.4(a)(b); 1.5(b); 1.15(a)(2), (c)(3); 1.16(a)(2), (d); 3.3(a); 8.4(b)
Walter L. Hooker
On November 18, 2011, the Virginia State Bar Disciplinary Board revoked Walter L. Hooker’s license to practice law. In consenting to the revocation, Mr. Hooker admitted that the disciplinary charges against him are true and that he could not successfully defend against them. He stipulated that he violated disciplinary rules that govern diligence, communication, safekeeping property, and responsibilities regarding nonlawyer assistants. RPC 1.3(a); 1.4(a); 1.15(c)(4);5.3(a-c)
Gerald Isadore Katz
On October 28, 2011, the Virginia State Bar Disciplinary Board suspended Gerald Isadore Katz’s license to practice law for six months. The Virginia suspension became effective September 30, 2011—the date that Mr. Katz’s Virginia license was summarily suspended pending a show cause hearing on the reciprocal discipline.
On September 30, 2011, the Virginia State Bar Disciplinary Board summarily suspended Gerald Isadore Katz’s law license. Mr. Katz pled guilty to a crime in Maryland on August 20, 2010. The board ordered him to appear on October 28, 2011, and show cause why his license should not be further suspended or revoked in Virginia.
Vernon Keeve Jr.
09-060-079121, 10-060-083220, 11-060-084857
On November 8, 2011, the Virginia State Bar Disciplinary Board suspended Vernon Keeve Jr.’s license to practice law for ten days with terms for violating professional rules that govern diligence, communication, contingency fees, safekeeping property, and obstruction of an investigation. This was an agreed disposition of misconduct charges. RPC 1.3(a), 1.4(a), 1.5(c), 1.15(e), 8.1(d)
Lindsey Owen Sutherland
On October 28, 2011, the Virginia State Bar Disciplinary Board revoked Lindsey Owen Sutherland’s license to practice law for violating professional rules that govern competence, diligence, communication, bar admission and disciplinary matters, and misconduct. RPC 1.1; 1.3 (a)(b); 1.4(a)(b); 8.1(c); 8.4(b)(c)
On September 29, 2011, the Virginia State Bar Disciplinary Board summarily suspended Harry Tun’s license to practice law based on the suspension of his District of Columbia license by the District of Columbia Court of Appeals. The board ordered Mr. Tun to appear and show cause why the same discipline should not be imposed in Virginia. On October 28, 2011, the board suspended Mr. Tun’s Virginia license for eighteen months with six months stayed followed by one year of probation. This was the same sanction imposed in the District of Columbia. Rules Part 6, § IV, ¶ 13-24
Carl V. Williams
New Orleans, Louisiana
On September 23, 2011, the Virginia State Bar Disciplinary Board suspended Carl V. Williams’s license to practice law for one year, with all but four months deferred with terms, the same discipline imposed by the Louisiana Supreme Court for ethical violations in that jurisdiction. The Virginia suspension became effective August 25, 2011—the date that Mr. Williams’s Virginia license was summarily suspended pending a show cause hearing on the reciprocal discipline.
On August 25, 2011, the Virginia State Bar Disciplinary Board summarily suspended Carl V. Williams’s license to practice law based on the May 10, 2011, suspension of his Louisiana license. The board ordered him to appear on September 23, 2011, to show cause why the same discipline should not be imposed in Virginia.
Brian Keith Stevens
Glen Allen, Virginia
On October 12, 2011, a Virginia State Bar Third District Subcommittee issued a public reprimand with terms to Brian Keith Stevens after finding he had violated disciplinary rules that govern diligence and communication. This was an agreed disposition of misconduct charges. RPC 1.3(a) (c); 1.4(a)
As required by the Rules of the Virginia Supreme Court Part Six, § IV, ¶ 19, the Virginia State Bar has posted a list of members who were administratively suspended on October 7, 2011, for failure to comply with the Rules of the Supreme Court of Virginia, Part Six, § IV, ¶¶ 11 and/or 16, 18, or 19; or the Code of Virginia, §§ 54.1-3912 or 54.1-3913.1. These attorneys were notified of their suspensions using their last address of record with the Virginia State Bar; however, in some instances, this has not been effective. To assist the Virginia State Bar in re-establishing contact with these attorneys, anyone having knowledge of the present location and practice status of persons on this list should contact the VSB Membership Department. This list was last updated by the Membership Department on November 30, 2011.
The Richmond Division of the FBI has issued an alert regarding an advance-fee scam targeting attorneys in multiple states, including Virginia. A person holding himself or herself out as “Bruce Shattock” or “S & J Boring” of Livonia, Michigan, has contacted several attorneys via e-mail requesting assistance in the collection of a business debt, usually about $200,000.
Bruce Shattock is an identifiable person and S & J Boring has been identified as an actual business. It is believed that the perpetrator is impersonating these entities and neither is implicit in the scam.
Several days after engaging the attorney, the perpetrator advises that the debt dispute has been resolved and the attorney receives a fraudulent check from the debtor company to “settle” some or all of the fictitious debt. The perpetrator requests that the attorney subtract a fee for legal services and immediately wire the balance elsewhere, typically to a bank account in China, in an attempt to obtain the funds before the check is discovered as fraudulent.
The Department of Criminal Justice Services (DCJS) announces the availability of education loan repayment assistance for prosecutors and public defenders, pursuant to the federal John R. Justice Grant Program.
These loans are available to attorneys employed full time in commonwealth’s attorneys’ offices who prosecute criminal and juvenile delinquency cases, attorneys employed full time by the Indigent Defense Commission who provide legal representation of people in criminal and juvenile delinquency cases, and full time federal defender attorneys.
Information about the John R. Justice Program is available on our website at http://www.dcjs.virginia.gov/programs/jrj/. Also posted are downloadable versions of the documents needed to apply for assistance: the program guidelines, the application form, and the required Service Agreement.
Applications for assistance must be received by DCJS no later than January 30, 2012.
For further information about the John R. Justice Program in Virginia, contact Linda Jafari at (804) 786-4155 or email@example.com