Virginia Lawyer Register - May 2012
Contents
In this issue:
Disciplinary Proceedings
View May Virginia Lawyer Register (PDF of mailed version with hyperlinks to additional materials)
Disciplinary Proceedings
| Respondent’s Name | Address of Record | Action | Effective Date | ||||
| Disciplinary Board | |||||||
| Richard Scott Gordon | Newport News, VA | Suspension – 3 months | February 17, 2012 | ||||
| Sara Davis Harman | Glen Allen, VA | Suspension w/Terms – 1 year | December 10, 2013 | ||||
| Rachel Heather MacKnight | Chevy Chase, MD | Suspension w/Term – 1 year and 1 day | February 29, 2012 | ||||
| Theodore Scott Silva, Jr. | Vienna, VA | Suspension – 3 years | November 10, 2011 | ||||
| Jan C. Smith | White Stone, VA | Public Reprimand | March 20, 2012 | ||||
| Brian Keith Stevens | Glen Allen, VA | Suspension – 60 Days | January 27, 2012 | ||||
| John Arthur Sutherland, Jr. | Fairfax, VA | Revocation | December 9, 2011 | ||||
| Richard Donald Trala, Jr. | Richmond, VA | Revocation | March 1, 2012 | ||||
| Timothy James Wall | Fredericksburg, VA | Suspension w/Terms – 30 Days | February 17, 2012 | ||||
| District Committees | |||||||
| Curtis Tyrone Brown | Chesapeake, VA | Public Admonition | January 17, 2012 | ||||
| Carl Herman Bundick | Accomac, VA | Public Reprimand | December 29, 2011 | ||||
| Elizabeth Margaret Fischer | Alexandria, VA | Public Reprimand w/Terms | March 26, 2012 | ||||
| Andrea Celestine Long | Richmond, VA | Public Admonition | March 29, 2012 | ||||
| John Anthony Nowacki | Alexandria, VA | Public Admonition | February 16, 2012 | ||||
| David Benjamin Weinberg | Alexandria, VA | Public Reprimand | December 9, 2011 | ||||
| Suspension – Failure to Pay Disciplinary Costs | Effective Date | Lifted | |||||
| Christopher Jason Agresto | Leesburg, VA | March 8, 2012 | |||||
| February 2, 2012 | |||||||
| Michael J. Biddinger | Spotsylvania, VA | March 8, 2012 | |||||
| James Andrew Carter, II | Hampton, VA | January 31, 2012 | |||||
| Brett Nathan Dorny | Arvada, CO | February 3, 2012 | |||||
| Owaiian Maurice Jones | Fredericksburg, VA | March 1, 2012 | |||||
| Mark Michael Kantro | Norfolk, VA | February 1, 2012 | |||||
| Francis Allen Minor | Springfield, VA | February 28, 2012 | |||||
| Tina Elizabeth Orr | Norfolk, VA | March 5, 2012 | |||||
| Harry Tun | Washington, DC | January 31, 2012 | |||||
| Bradley Douglas Wein | Richmond, VA | January 26, 2012 | |||||
| Carl V. Williams | New Orleans, LA | February 7, 2012 | |||||
| Suspension – Failure to Comply with Subpoena | Effective Date | Lifted | |||||
| Randall Bertron Campbell | Roanoke, VA | February 7, 2012 | |||||
| Gwen Anne Carpenter | Alexandria, VA | February 7, 2012 | February 21, 2012 | ||||
| Jin-Ho Cynn | Fairfax, VA | March 13, 2012 | |||||
| Olaf Francis Gebhart, Jr. | Tifton, GA | February 7, 2012 | |||||
| Richard Lawrence McGarry | Roanoke, VA | February 7, 2012 | |||||
| David Garrett Mullins | Bristol, TN | December 16, 2011 | |||||
| April 3, 2012 | |||||||
| April 5, 2012 | |||||||
| Tonja Michelle Roberts | Danville, VA | April 3, 2012 | |||||
| David Samir Saliba | Wytheville, VA | December 16, 2011 | December 20, 2011 | ||||
| Robert Henry Smallenberg | Ashland, VA | January 5, 2012 | January 6, 2012 | ||||
| Sandra Mae Ward | Grundy, VA | March 6, 2012 | March 13, 2012 | ||||
Features
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. VSB docket numbers are provided.
Disciplinary Board
Richard Scott Gordon
Newport News, Virginia
10-010-081800
On February 17, 2012, the Virginia State Bar Disciplinary Board suspended Richard Scott Gordon’s license to practice law for three months for violating rules that govern diligence, communications, and fairness to opposing party and counsel. RPC 1.3(a)(b)(c); 1.4(a)(b)(c); 3.4(e)
http://www.vsb.org/docs/Gordon-022212.pdf
Sara Davis Harman
Glen Allen, Virginia
10-032-083590, 11-032-086311, 11-032-086318
Effective December 10, 2013, the Virginia State Bar Disciplinary Board suspended Sara Davis Harman’s license to practice law for one year with terms for violating rules of professional conduct that govern diligence, communication, declining or terminating representation, bar admission and disciplinary matters, and misconduct. The suspension is effective upon termination of Ms. Harman’s current three-year suspension, which was effective December 10, 2010. This was an agreed disposition of misconduct charges. RPC 1.3(a)(b); 1.4(a)(b); 1.16(d); 8.1(c); 8.4(c)
http://www.vsb.org/docs/Harman-032712.pdf
Rachel Heather MacKnight
Chevy Chase, Maryland
11-080-086501
On February 29, 2012, the Virginia State Bar Disciplinary Board suspended with terms Rachel Heather MacKnight’s license to practice law for one year and one day for violating professional rules that govern candor toward the tribunal, truthfulness in statements to others, and misconduct. This was an agreed disposition of misconduct charges. RPC 3.3(a)(1)(4); 4.1(a); 8.4(b)(c)
http://www.vsb.org/docs/MacKnight-022912.pdf
Theodore Scott Silva Jr.
Washington D.C.
12-000-089362
On December 9, 2011, the Virginia State Bar Disciplinary Board suspended Theodore Scott Silva Jr.’s license to practice law for at least three years with his reinstatement being contingent upon showing reinstatement by the District of Columbia Bar. The suspension was effective November 10, 2011.
http://www.vsb.org/docs/silva-011012.pdf
Jan C. Smith
White Stone, Virginia
10-060-080411, 11-060-086108, 11-060-085701
On March 20, 2012, the Virginia State Bar Disciplinary Board issued a public reprimand to Jan C. Smith 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/Smith-041612.pdf
Brian Keith Stevens
Henrico County, Virginia
10-032-081361, 11-000-087268
On January 27, 2012, the Virginia State Disciplinary Board suspended Brian Keith Stevens’s license to practice law for sixty days for violating rules that govern diligence, safekeeping property, and responsibilities regarding nonlawyer assistants, and for violating the Virginia Consumer Real Estate Settlement Protection Act. RPC 1.3(a); 1.15(c)(4), (f)(4)(i)(ii), (5)(i)(ii)(iii); 5.3(a)(b)(c)(2); Va. Code §55.525.24(B)(1) and (2); 15 VAC 5-80-50(B)
http://www.vsb.org/docs/Stevens-030112.pdf
John Arthur Sutherland Jr.
Fairfax, Virginia
09-053-079278
On December 9, 2011, the Virginia State Bar Disciplinary Board revoked John Arthur Sutherland Jr.’s license to practice law for violating professional rules that govern diligence, communication, declining or terminating representation, bar admission and disciplinary matters, and misconduct. RPC 1.3(a)(b)(c), 1.4(a), 1.16(d)(e), 8.1(c), 8.4(a)
http://www.vsb.org/docs/Sutherland-021512.pdf
Richard Donald Trala Jr.
Richmond, Virginia
11-031-087414, 12-031-089642, 12-031-090739
On March 1, 2012, the Virginia State Bar Disciplinary Board revoked Richard Donald Trala Jr.’s license to practice law. In consenting to the revocation, Mr. Trala admitted that the disciplinary charges against him are true and that he could not successfully defend against them. He stipulated that he violated rules that govern diligence, communication, and conflict of interest: prohibited transactions. RPC 1.3(a); 1.4(a)(b)(c); 1.8(e)(1)(2)
http://www.vsb.org/docs/Trala-022912.pdf
Timothy James Wall
Fredericksburg, Virginia
10-060-082012, 11-060-087939
Effective February 17, 2012, the Virginia State Bar Disciplinary Board suspended Timothy James Wall’s license to practice law for thirty days with terms for violating professional rules that govern safekeeping property and declining or terminating representation. This was an agreed disposition of misconduct charges. RPC 1.15(c)(3), (c)(4), (e)(1)(i-v), (f)(4)(i-ii), (f)(5)(i-iii), (f)(6); 1.16(d)
http://www.vsb.org/docs/Wall-021012.pdf
District Committees
Curtis Tyrone Brown
Chesapeake, Virginia
10-021-083956
On January 17, 2012, a Virginia State Bar Second District Subcommittee issued a public admonition to Curtis Tyrone Brown for violating professional rules that govern diligence and meritorious claims and contentions. This was an agreed disposition of misconduct charges. RPC 1.3(a); 3.1
http://www.vsb.org/docs/brown-011712.pdf
Carl Herman Bundick
Accomac, Virginia
11-021-085549
On December 29, 2011, a Virginia State Bar Second District Subcommittee issued a public reprimand to Carl Herman Bundick for violating professional rules that govern diligence and communication. This was an agreed disposition of misconduct charges. RPC 1.3(a); 1.4(a)(b)(c)
http://www.vsb.org/docs/Bundick-122911.pdf
Elizabeth Margaret Fischer
Alexandria, Virginia
10-042-083573
On March 26, 2012, a Virginia State Bar Fourth District— Section II Subcommittee issued a public reprimand with terms to Elizabeth Margaret Fischer for violating professional rules that govern diligence, communication, declining or terminating representation, and misconduct. This was an agreed disposition of misconduct charges. RPC 1.3(a)(b); 1.4(a); 1.16(d)(e); 8.4(b)
http://www.vsb.org/docs/Fischer-041612.pdf
Andrea Celestine Long
Richmond, Virginia
12-032-089315
On March 29, 2012, a Virginia State Bar Third District—
Section II Subcommittee issued a public admonition to Andrea Celestine Long for violating the professional rule that governs safekeeping property. This was an agreed disposition of misconduct charges. RPC 1.15(a)(1), (d)(3)(i)(ii)(iii)(iv)
http://www.vsb.org/docs/Long-041612.pdf
John Anthony Nowacki
Alexandria, Virginia
09-042-076256
On February 16, 2012, a Virginia State Bar Fourth District—Section II Subcommittee imposed a public admonition on John Anthony Nowacki for violating a professional rule that governs engaging in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the lawyer’s fitness to practice law. This was an agreed disposition of misconduct charges. RPC 8.4(c)
http://www.vsb.org/docs/Nowacki-021612.pdf
David Benjamin Weinberg
Alexandria, Virginia
10-042-081186
On December 9, 2011, a Virginia State Bar Fourth District — Section II Subcommittee issued a public reprimand to David Benjamin Weinberg for violating professional rules that govern communication, declining or terminating representation, and bar admission and disciplinary matters. RPC 1.4(a); 1.16(e); 8.1(c)
http://www.vsb.org/docs/weinberg-120911.pdf
Notices to Members
Proposals for Public Comment
The following proposals are published for public comment, which should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA 23219, no later than the end of the business day on the day of the deadline.
Proposed Amendments to Rule 1.11
Special Conflicts of Interest
Deadline for comment: June 15, 2012
The Virginia State Bar’s Standing Committee on Legal Ethics is seeking public comment on proposed amendments to Rule 1.11 of the Rules of Professional Conduct.
The amendment to Rule 1.11(d)(1) parallels the existing provision in paragraph (b)(1) and provides that a conflict created by a move from private to public employment can be cured with the consent of both the private client and the appropriate government agency. Currently, a lawyer may represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public employee with the consent of the private client and the government agency, but the reverse conflict cannot be cured with consent from both affected clients. The Committee proposes to address this disparity by providing for waiver of the conflict in both situations.
Second, the proposed amendment moves the definition of “confidential government information” from paragraph (g) to section (c), which is the only place in the Rule where the term is used. The Committee also made minor grammatical changes to that definition. Finally, the proposal adopts ABA Model Rule Comment [3], to explain why paragraphs (b) and (d) are not limited to circumstances in which the lawyer would be adverse to a former client, but rather apply to any matter in which the lawyer was involved prior to her move to or from government employment.
Details:
http://www.vsb.org/docs/Rule-1.11_prop031612.pdf
Proposed Amendments to Paragraph 13-26
Appeals from Disciplinary Board Determinations
Deadline for comment: May 31, 2012
On March 7, 2012, the Committee on Lawyer Discipline approved the proposed amendments. New language adds a cross-reference to Rule 5:28 of the Rules of Court which allows the Virginia State Bar to file assignments of cross-error in the event that a respondent appeals a disciplinary action to the Supreme Court of Virginia. Also added is a cross-reference to Rule 5:21(b) of the Rules of Court which sets forth specific procedures for perfecting and prosecuting appeals from the Disciplinary Board and three-judge circuit courts. Because Supreme Court Rule 5:21(b) overrides existing language in Paragraph 13-26, that language has been removed.
Details:
http://www.vsb.org/docs/prop-13-26-appeal-board-030912.pdf
Proposed Amendment to Paragraph 13
Definition of “Bar Counsel”
Deadline for comment: May 31, 2012
On March 7, 2012, the Committee on Lawyer Discipline approved the proposed amendment which corrects the cite to the Code of Virginia, concerning appointment of Bar Counsel.
Details:
http://www.vsb.org/docs/prop-13-1-definititon-bc-030912.pdf
Approved Change to Professional Guidelines
Rules of the Supreme Court
Amendment to Professional Guidelines Paragraph 13-6,
Procedures for Disciplining, Suspending, and Disbarring Attorneys
Effective: April 13, 2012
The Supreme Court of Virginia approved the Virginia State Bar Standing Committee on Lawyer Discipline’s amendment that requires service as a district committee member as a prerequisite for nomination for Disciplinary Board service.
