Virginia Lawyer Register — March 2013
Contents
In this issue:
View March 2013 Virginia Lawyer Register (PDF of mailed version with hyperlinks to additional materials)
Disciplinary Proceedings
| Respondent’s Name | Address of Record | Action | Effective Date |
| Circuit Court | |||
| Ernest Wayne Powell | Midlothian, VA | Public Reprimand | December 12, 2012 |
| Disciplinary Board | |||
| Matthew Francis Bellinger | Montpelier, VA | Suspension—1 year | October 12, 2012 |
| Gary Bennet Cargill | Tucson, AZ | Suspension—6 months and 1 day | October 29, 2012 |
| Henry St. John Fitzgerald | Arlington, VA | Suspension—4 years | December 19, 2012 |
| Gregory Dean Foster | Richmond, VA | Revocation | January 2, 2012 |
| Christian Jarrell Griffin | Winchester, VA | Suspension w/Terms—6 months | November 16, 2012 |
| Hector Ines Hernandez Sr. | Fredericksburg, VA | Suspension—60 days | December 14, 2012 |
| John Alan Jackson | Charleston, SC | Revocation | January 28, 2013 |
| Clive Allen O’Leary | Fredericksburg, VA | Suspension—2 years | November 16, 2012 |
| James Stephen Del Sordo | Manassas, VA | Public Admonition w/Terms | October 23, 2012 |
| Darryl Arthur Parker | Richmond, VA |
Public Reprimand w/Terms Crespa Violation—$500.00 fine |
November 8, 2012 |
| John William Tripp | Virginia Beach, VA | Public Admonition | October 18, 2012 |
| District Committees | |||
| Russell Nardy Allen | Richmond, VA | Public Reprimand w/Terms | December 4, 2012 |
| Kevin Eugene Smith | Culpeper, VA | Public Admonition | January 25, 2013 |
| Impairment | Effective Date | ||
| Mercer Theodore Kissinger Jr. | Norfolk, VA | January 11, 2013 | |
| Suspension—Failure to Pay Disciplinary Costs | Effective Date | Lifted | |
| Rueben Voll Greene | Richmond, VA | January 23, 2013 | January 28, 2013 |
| Jason Christopher Roper | Mars, PA | January 17, 2013 | |
| Thomas James Sehler | Reston, VA | December 7, 2012 | |
| Harte Peary Stafford | Annandale, VA | January 3, 2013 | |
| Suspension—Failure to Pay Disciplinary Costs | Effective Date | Lifted | |
| Pauline Marjorie Ewald | Ashland, VA | January 15, 2013 | |
Features
Disciplinary Summaries
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 clerk@vsb.org">clerk@vsb.org. VSB docket numbers are provided.
Circuit Courts
Ernest Wayne Powell
Midlothian, Virginia
11-022-088213
On December 12, 2012, a three-judge panel of the Circuit Court for the County of Chesterfield issued a public reprimand to Ernest Wayne Powell for violating professional rules that govern truthfulness in statements to others and dealing with unrepresented persons. This was an agreed disposition of misconduct charges.
http://www.vsb.org/docs/Powell_030613.pdf
Disciplinary Board
Matthew Francis Bellinger
Montpelier, Virginia
10-033-083827
On October 12, 2012, the Virginia State Bar Disciplinary Board suspended Matthew Francis Bellinger’s license to practice law for one year for violating professional rules that govern misconduct. This was an agreed disposition of misconduct charges. RPC 8.4(b)(c)
http://www.vsb.org/docs/Bellinger-121812.pdf
Gary Bennet Cargill
Tucson, Arizona
13-000-093431
Effective October 29, 2012, the Virginia State Bar Disciplinary Board suspended Gary Bennet Cargill’s license to practice law based on the March 23, 2012, six-month and one-day suspension of his license by the Supreme Court of Arizona. The board ordered him to appear on November 16, 2012, to show cause why the same discipline that was imposed in Arizona should not be imposed in Virginia.
http://www.vsb.org/docs/Cargill-025013.pdf
Henry St. John Fitzgerald
Arlington, Virginia
11-041-087804
On December 19, 2012, the Virginia State Bar Disciplinary Board suspended Henry St. John Fitzgerald’s license to practice law for four years for violating professional rules that govern competence, scope of representation, diligence, communication, meritorious claims and contentions, fairness to opposing party and counsel, responsibility regarding nonlawyer assistants, and misconduct. This was an agreed disposition of misconduct charges. RPC 1.1; 1.2(a); 1.3(a)(b)(c); 1.4(a)(b)(c); 3.1; 3.4(j); 5.3(a)(b)(c)(1,2); 8.4(a)(b)(c)
http://www.vsb.org/docs/Fitzgerald-025013.pdf
Gregory Dean Foster
Richmond, Virginia
12-000-090861, 12-031-090545
On January 2, 2012, the Virginia State Bar Disciplinary Board revoked Gregory Dean Foster’s license to practice law for violating professional rules that govern safekeeping property, responsibility regarding nonlawyer assistants, misconduct, and the Consumer Real Estate Settlement Protection Act. In consenting to the revocation, Foster admitted that the charges against him are true. RPC 1.15(a)(1,2)(3)(i,ii), (b)(1-5), (c)(1-4), (d)(1)(i-iv)(2)(i-iii)(a-d)(3)(i-iv)(4), (e)(1)(i-v)(2)(i-iii), (f)(3)(4)(i,ii)(5)(i-iii)(6); 5.3(a)(b)(c)(1)(2); 8.4(c); VAC §6.1-2.21; 15 VAC 5-80-30; 15 VAC 5-80-50
http://www.vsb.org/docs/Foster-025013.pdf
Christian Jarrell Griffin
Winchester, Virginia
10-070-080484
On November 16, 2012, the Virginia State Bar Disciplinary Board issued a six month suspension with terms to Christian Jarrell Griffin for violating professional rules that govern safekeeping property and bar admission and disciplinary matters. RPC 1.15(a)(1)(2), (c)(1)(3), (e)(1)(i-iv), (f)(2)(4)(i,ii)(5)(i-iii)(6); 8.1(c)
http://www.vsb.org/docs/Griffin-025013.pdf
Hector Ines Hernandez Sr.
Fredericksburg, Virginia
10-053-080171
On December 14, 2012, the Virginia State Bar suspended Hector Ines Henandez Sr.’s license to practice law for sixty days for violating professional rules that govern safekeeping property, unauthorized practice of law, and misconduct. RPC 1.15(a)(2), (c)(3); 5.5(c), 8.4(a)
http://www.vsb.org/docs/Hernandez-025013.pdf
John Alan Jackson
Charleston, South Carolina
12-032-091872
On January 28, 2013, the Virginia State Bar Disciplinary Board revoked John Alan Jackson’s license to practice law. In consenting to the revocation, Mr. Jackson admitted that the disciplinary charges against him are true and that he could not successfully defend against them. RPC 1.3(a), 1.4(a), 1.15(a), 1.16(d) Part 6, §IV, ¶13-28
http://www.vsb.org/docs/Jackson-020513.pdf
Clive Allen O’Leary
Fredericksburg, Virginia
13-000-093249
On November 16, 2012, the Virginia State Bar Disciplinary Board suspended Clive Allen O’Leary’s license to practice law for two years based on his noncompliance with terms from a March 2012 memorandum order from the Circuit Court of Stafford County. Part 6, §IV, ¶13-18.O
http://www.vsb.org/docs/OLeary-025013.pdf
James Stephen Del Sordo
Manassas, Virginia
10-053-083303, 12-053-089789
On October 23, 2012, the Virginia State Bar Disciplinary Board issued a public admonition with terms to James Stephen Del Sordo for violating professional rules that govern safekeeping property. This was an agreed disposition of misconduct charges. RPC 1.15(b)(3), (c)(3)
http://www.vsb.org/docs/Sordo-121812.pdf
Darryl Arthur Parker
Richmond, Virginia
06-032-4138; 11-000-087732
On November 8, 2012, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Darryl Arthur Parker for violating professional rules that govern diligence and safekeeping property. The board also fined Mr. Parker $500 for violating the Virginia Consumer Real Estate Settlement Protection Act. This was an agreed disposition of misconduct charges. RPC 1.3; 1.15(c)(3)(4), 1.15(f)(4)(i,ii)(5)(i-iii); 15 VAC 5-80-50.B.
http://www.vsb.org/docs/Parker-020513.pdf
John William Tripp
Virginia Beach, Virginia
11-022-086296
On October 18, 2012, the Virginia State Bar Disciplinary Board issued a public admonition to John William Tripp for violating professional rules that govern diligence and communication. This was an agreed disposition of misconduct charges. RPC 1.3(a), 1.4(a)
http://www.vsb.org/docs/Tripp-020513.pdf
District Committees
Russell Nardy Allen
Richmond, Virginia
12-033-089213
On December 4, 2012, the Virginia State Bar Third District Subcommittee issued a public reprimand with terms to Russell Nardy Allen for violating professional rules that govern competence, diligence, and communication. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a), 1.4(a)(b)(c)
http://www.vsb.org/docs/Allen-121812.pdf
Kevin Eugene Smith
Culpeper, Virginia
10-052-083568, 10-052-084070
On January 25, 2013, the Virginia State Bar Fifth District Subcommittee issues a public admonition to Kevin Eugene Smith for violating professional rules that govern scope of representation, diligence, communication, and safekeeping property. RPC 1.2(a)(b), 1.3(b), 1.4(a), 1.15(d)(4)
http://www.vsb.org/docs/Smith-025013.pdf
Impairment
Mercer Theodore Kissinger Jr.
Norfolk, Virginia
12-000-091065
On January 11, 2013, the Virginia State Bar Disciplinary Board suspended Mercer Theodore Kissinger Jr.’s license to practice law on impairment grounds.
http://www.vsb.org/docs/Kissinger-025013.pdf
Notices to Members
The Standing Committee on Legal Ethics requests public comment on amendments to rule 5.4 of the Rules of Professional Conduct.
Comments should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA 23219 or publiccomment@vsb.org, no later than the end of the business day on the day of the deadline.
Proposed Amendments to Rule 5.4 Professional Independence of a Lawyer
Deadline for comments: April 19, 2013
The Virginia State Bar’s Standing Committee on Legal Ethics is seeking public comment on a proposed amendment to Rule 5.4 of the Rules of Professional Conduct.
This proposed rule amendment is intended to bring Rule 5.4, Professional Independence of a Lawyer, into alignment with Va. Code §54.1-3902(B)(1), which permits a nonlawyer to serve as the secretary, treasurer, office manager, or business manager of a professional entity that is authorized to practice law, notwithstanding the rule’s prohibition against a lawyer practicing in a law firm in which a nonlawyer serves as a corporate officer.
