Publications

Virginia Lawyer Register — March 2013

Contents

In this issue:

Disciplinary Proceedings

Disciplinary Summaries

Notices to Members

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.