Publications

Virginia Lawyer Register - November 2013

Contents

In this issue:

Disciplinary Proceedings

Disciplinary Summaries

Nominations Sought for 2014–15 District Committee Vacancies

Notices to Members

View November 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
Horace Frazier Hunter Richmond, VA Public Admonition w/Terms July 18, 2013
Raymond Lewis Palmer Richmond, VA Suspension – 45 days September 1, 2013
 
Disciplinary Board
Leroy Wendell Allen Jr. Richmond, VA Public Reprimand w/Terms September 18, 2013
Sara Elizabeth Chase Henrico, VA Suspension – 18 months November 15, 2013
Brian Ray Dinning Stoystown, PA Revocation August 1, 2013
Arthur Charles Ermlich Jr. Virginia Beach, VA Suspension – 3 years May 17, 2013
Scott Browning Gilly New York, NY Suspension – 1 year May 28, 2013
Reuben Voll Greene Richmond, VA Suspension – 1 year August 23, 2013
Matthew B. Murray Charlottesville, VA Suspension – 5 years July 17, 2013
Hee Jung Jenny No Fairfax Station, VA Revocation August 21, 2013
Clive Allen O’Leary Fredericksburg, VA Revocation September 27, 2013
Marcus Noah Perdue III Covington, VA Suspension – 1 year August 23, 2013
Todd Leslie Treadway Arlington, VA Public Reprimand August 8, 2013
 
District Committees
Gloria Salazar Calonge Falls Church, VA Public Reprimand w/Terms September 4, 2013
Sara Elizabeth Chase Henrico, VA Public Reprimand September 9, 2013
Carl Christen La Mondue Norfolk, VA Public Reprimand w/Terms September 19, 2013
Charles Gregory Phillips Salem, VA Public Reprimand October 1, 2013
 
Suspension – Failure to Pay Disciplinary Costs Effective Date Lifted
Randall Bertron Campbell Roanoke, VA September 11, 2013  
Michael Lawrence Eisner Coram, NY July 31, 2013  
Arthur Charles Ermlich Jr. Virginia Beach, VA September 26, 2103  
Pauline Marjorie Ewald Ashland, VA October 3, 2013  
Wayne Richard Hartke Reston, VA September 9, 2013 September 17, 2013
Barry Maurice Johnson Washington, DC September 23, 2013  
Glenn Charles Lewis Vienna, VA October 4, 2013  
Richard L. J. McGarry Roanoke, VA August 27, 2013  
Clive Allen O’Leary Fredericksburg, VA September 12, 2013  
Robert Henry Smallenburg Ashland, VA September 12, 2013  
William Stables Jr. Harrisonburg, VA October 2, 2013  
David Benjamin Weinberg Alexandria, VA September 12, 2013  
 
Suspension – Failure to Comply with Subpoena Effective Date Lifted
Paul Anthony Dull Roanoke, VA August 7, 2013  
Jane Karen Eshagpoor Richmond, VA October 1, 2013  
Reuben Voll Greene Richmond, VA October 3, 2013  
Benje Allen Selan Vienna, VA August 30, 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

Horace Frazier Hunter
Richmond, Virginia
11-032-084907

On July 18, 2013, a three-judge panel of the Circuit Court of the City of Richmond reimposed a public admonition with terms on Horace Frazier Hunter for violating professional rules that govern communications concerning a lawyer’s services and advertising.  On November 8, 2011, the Third District Committee found that Mr. Hunter had violated professional rules that govern communications concerning a lawyer’s services and advertising and confidentiality of information. Mr. Hunter appealed the determination to the Circuit Court of the City of Richmond.  The Circuit Court dismissed the committee’s finding that Mr. Hunter had violated Rule 1.6(a) of the Rules of Professional Conduct governing confidentiality of information, and it affirmed the district committee determination that Mr. Hunter violated Rules 7.1(a)(4) and 7.2(a)(3) regarding communications regarding a lawyer’s services and advertising.  The Supreme Court of Virginia affirmed the Circuit Court’s findings, and the United States Supreme Court denied certiorari. RPC 7.1(a)(4), 7.2(a)(3)

http://www.vsb.org/docs/Hunter-071813.pdf

Raymond Lewis Palmer
Richmond, Virginia
12-033-089661

Effective September 1, 2013, the Circuit Court for the City of Richmond suspended Raymond Lewis Palmer’s license to practice law for forty-five days for violating professional rules that govern safekeeping property. This was an agreed disposition of misconduct charges. RPC 1.15 (b)(4), (c)(4), (d)(3)(i-iv)(4), (e)(4)

http://www.vsb.org/docs/Palmer-092513.pdf

Disciplinary Board

Leroy Wendell Allen Jr.
Richmond, Virginia
11-033-086969, 11-033-088198

On September 18, 2013, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Leroy Wendell Allen Jr. for violating professional rules that govern fees, responsibilities regarding nonlawyer assistants, professional independence of a lawyer, safekeeping property, and bar admission and disciplinary matters. This was an agreed disposition of misconduct charges. RPC 1.5(a), 5.3(b), 5.4(a)(1-4), 1.15 pre-June 21, 2011 version, (c)(3)(4)(e)(1)(i-v)(f)(2)(3)(4)(i,ii)(5)(i-iii)(6), 8.1(c), 1.15 revised (b)(3)(c)(1)(2)(i,ii)(3)(4)(d)(3)(i-iv)(4)

http://www.vsb.org/docs/Allen-101613.pdf

Sara Elizabeth Chase
Henrico, Virginia
13-032-094400

Effective November 15, 2013, the Virginia State Bar Disciplinary Board suspended Sara Elizabeth Chase’s license to practice law for eighteen months for violating professional rules that govern competence, diligence, communication, safekeeping property, declining or terminating representation, and misconduct. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a-c), 1.4(a-c), 1.15(b)(4)(c)(1)(d)(3)(iv), 1.16(d), 8.4(c)

http://www.vsb.org/docs/Chase-101613.pdf

Brian Ray Dinning
Norfolk, Virginia
11-010-085723

On August 1, 2013, the Virginia State Bar Disciplinary Board revoked Brian Ray Dinning’s license to practice law based on his affidavit consenting to revocation.  At the time of the revocation, disciplinary charges were pending against Mr. Dinning.  He acknowledged the material facts on which charges were predicate were true and that he had pled guilty to crimes in the United States District Court for the Eastern District of Virginia. Part 6, § IV, ¶13-28

http://www.vsb.org/docs/Dinning-092513.pdf

Arthur Charles Ermlich Jr.
Virginia Beach, Virginia
12-021-090883

On May 17, 2013, the Virginia State Bar Disciplinary Board suspended Arthur Charles Ermlich Jr.’s license to practice law for three years for violating professional rules that govern diligence, communication, fairness to opposing party and counsel, bar admission and disciplinary matters, and misconduct. RPC 1.3(a), 1.4(a)(b), 3.4(d), 8.1(c), 8.4(c)

http://www.vsb.org/docs/Ermlich-070213.pdf

Scott Browning Gilly
New York, New York
13-000-095276

On May 28, 2013, the Virginia State Bar Disciplinary Board suspended Scott Browning Gilly’s license to practice law for one year based on the same action by the Committee on Grievances for the United States District Court, Southern District of New York. The VSB Disciplinary Board found that Mr. Gilly violated professional rules that govern candor toward the tribunal, fairness to opposing party and counsel, truthfulness in statements to others, responsibilities of a partner or supervisory lawyer, and misconduct. This was an agreed disposition of misconduct charges. RPC 3.3(a)(1,2,4); 3.4(c); 4.1(a,b); 5.1(c)(1,2); 8.4(a,b,c)

http://www.vsb.org/docs/Gilly-092513.pdf

Reuben Voll Greene
Richmond, Virginia
11-033-086842, 14-000-096410

On August 23, 2013, the Virginia State Bar Disciplinary Board suspended Reuben Voll Greene’s license to practice law for one year for violating professional rules that govern safekeeping property and bar admission and disciplinary matters. RPC 1.15(c)(3,4), 8.1(c)

http://www.vsb.org/docs/Greene-101613.pdf

Matthew B. Murray
Charlottesville, Virginia
11-070-088405, 11-070-088422

On July 17, 2013, the Virginia State Bar Disciplinary Board suspended Matthew B. Murray’s license to practice law for five years for violating professional rules that govern candor toward the tribunal, fairness to opposing party and counsel, and misconduct. This was an agreed disposition of misconduct charges. RPC 3.3(a)(1)(2)(4), 3.4(a)(d)(e)(f), 8.4(c)

http://www.vsb.org/docs/Murray-092513.pdf

Hee Jung Jenny No
Fairfax Station, Virginia
14-000-096390

On August 21, 2013, the Virginia State Bar Disciplinary Board revoked Hee Jung Jenny No’s license to practice law. In consenting to the revocation, Ms. No acknowledged that the disciplinary charges against her are true and that she could not successfully defend against them. Ms. No’s license was previously suspended based on her conviction of a crime in the United States District Court for the Eastern District of Virginia, Alexandria Division. Rules Part 6, § IV, ¶ 13-28

http://www.vsb.org/docs/No-082113pdf.pdf

Clive Allen O’Leary
12-060-091120, 14-000-096531

On September 27, 2013, the Virginia State Bar Disciplinary Board revoked Clive Allen O’Leary’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), 1.4(a), 1.16(d), 8.1(c), 8.4(b)

http://www.vsb.org/docs/OLeary-101613.pdf

Marcus Noah Perdue III
Covington, Virginia
12-080-089050, 12-080-089874, 12-080-090906

On August 23, 2013, the Virginia State Bar Disciplinary Board suspended Marcus Noah Perdue III’s license to practice law for one year for violating professional rules that govern candor toward the tribunal, fairness to opposing party and counsel, truthfulness in statements to others, judicial officials, and misconduct. Charges in two matters were dismissed. RPC 3.3(a)(1), 4.1(a), 4.3(b), 4.4, 8.2, 8.4(a-c)

http://www.vsb.org/docs/Perdue-092613.pdf

Todd Leslie Treadway
Arlington, Virginia
12-041-090996

On August 8, 2013, the Virginia State Bar Disciplinary Board issued a public reprimand to Todd Leslie Treadway for violating a professional rule that governs bar admission and disciplinary matters. This was an agreed disposition of disciplinary charges. RPC 8.1(c)

http://www.vsb.org/docs/Treadway-092513.pdf

District Committees

Gloria Salazar Calonge
Falls Church, Virginia
10-052-082719

On September 4, 2013, the Virginia State Bar Fifth District -- Section II Subcommittee issued a public reprimand with terms to Gloria Salazar Calonge for violating professional rules that govern safekeeping property and unauthorized practice of law; multijurisdictional practice of law. This was an agreed disposition of misconduct charges. RPC 5.5, 1.15(a)(1)(2)(3)((i,ii)(b)(2,3)(c)(1)(2)(i,ii)(d)(3)(i-iv)(4)

http://www.vsb.org/docs/Calonge-092613.pdf

Sara Elizabeth Chase
Henrico, Virginia
13-032-095922

On September 9, 2013, the Virginia State Bar Third District Subcommittee issued a public reprimand to Sara Elizabeth Chase for violating professional rules that govern safekeeping property. The alternative sanction of a public reprimand was imposed because Ms. Chase failed to comply with the terms of a private reprimand. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a)

http://www.vsb.org/docs/Chase-092613.pdf

Carl Christen La Mondue
Norfolk, Virginia
12-021-090850

On September 19, 2013, the Virginia State Bar Second District Section 1 Committee issued a public reprimand with terms to Carl Christen La Mondue for violating professional rules that govern fees. RPC 1.5(a,b)

http://www.vsb.org/docs/LaMondue-101613.pdf

Charles Gregory Phillips
Salem, Virginia
11-080-086619, 12-080-090260

On October 1, 2013, the Virginia State Bar Eighth District Subcommittee issued a public reprimand to Charles Gregory Phillips for violating professional rules that govern diligence, communication, and bar admission and disciplinary matters. This was an agreed disposition of misconduct charges. RPC 1.3(a), 1.4(a), 8.1(c)

http://www.vsb.org/docs/Phillips-101613.pdf

Reinstatement Petition

Kristen Dawn Dean

Deadline for comment: January 8, 2014

Pursuant to Part 6, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia, Kristen Dawn Dean petitioned the Court on February 11, 2013, for reinstatement of her license to practice law.  The Virginia State Bar Disciplinary Board will hear the petition on January 24, 2014, at 9 a.m. in the State Corporation Commission, Courtroom A, Tyler Building, 1300 East Main Street, Richmond, Virginia.  After hearing evidence and oral argument, the Disciplinary Board will make factual findings and recommend to the Supreme Court whether the petition should be granted or denied.

The Disciplinary Board seeks information about Ms. Dean’s fitness to practice law.  Written comments or requests to testify at the hearing may be submitted to Barbara S. Lanier, Clerk of the Disciplinary System, 707 East Main Street, Suite 1500, Richmond, Virginia 23219, or to clerk@vsb.org by the date of the deadline.  Comments will become part of the public record.
The Virginia State Bar Disciplinary Board revoked Ms. Dean’s license by Order of Revocation entered on August 30, 2006.  The Order of Revocation found that Ms. Dean had not complied with an Order of Suspension with Terms entered by the Disciplinary Board on December 16, 2005.  Specifically, the Order of Revocation found that Ms. Dean had failed to pay restitution of $4,882.75 by June 1, 2006, as required by the Order of Suspension with Terms.

At the time of the revocation of Ms. Dean’s law license, Ms. Dean’s prior disciplinary record consisted of a five-year suspension of her law license imposed by the December 16, 2005, Order of Suspension with Terms.  The Order of Suspension with Terms reflected an agreed disposition between the Virginia State Bar and Ms. Dean.  Ms. Dean’s five-year suspension resulted from her mishandling of settlement proceeds from a personal injury case.

In her petition for reinstatement, Ms. Dean stated that she was licensed to practice law in the Commonwealth of Virginia in April 1999.  She described the conduct that ultimately led to the revocation of her license to practice law as an isolated incident involving one client and stated that she paid the restitution in full to the parties listed in the Order of Revocation in 2006.

Ms. Dean stated that since the revocation of her license to practice law she has remained involved in the legal profession by working as a legal assistant.  She also stated that she has attended legal seminars and participated in writing legal briefs under the supervision of licensed attorneys.  Ms. Dean further stated that she has completed more than 100 hours of continuing legal education, including 10 hours in legal ethics, within five years of the date of her petition for reinstatement; that she took the Multistate Professional Responsibility Examination in March 2012 and received a scaled score of 85 or higher; that she has reimbursed the Virginia State Bar for all costs, together with any interest, previously assessed against her; and that she is a person of honest demeanor and good moral character who possesses the requisite fitness to practice law.

Copies of the Order of Revocation and Petition for Reinstatement are available by contacting clerk@vsb.org  or (804) 775-0539.

Nominations Sought for 2014–15 District Committee Vacancies

Details: http://www.vsb.org/site/news/item/nominations-2014-15-DC

Notices to Members

Legal Ethics Opinion 1870

The VSB’s Standing Committee on Legal Ethics issued LEO 1870 as final on October 4, 2013:
Application of Rule 4.2 in Cases Where a Guardian Ad Litem Has Been Appointed to Represent a Child.

Details: http://www.vacle.org/opinions/1870.htm

UPL Opinion 216

The Standing Committee on the Unauthorized Practice of Law issued UPL Opinion 216 as final on October 8, 2013: Probation Officers’ Recommendations in Pre-Sentence Reports.
Details: http://www.vsb.org/site/regulation/upl-opinion-216

Proposed Amendment to VSB and Council Bylaws

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 January 24, 2014, to the VSB offices or publiccomment@vsb.org. The proposed amendment adds a new Part III to the bylaws:

Part III Miscellaneous

Amending Bylaws

  • (a) Upon motion of an active member of the Virginia State Bar in good standing, 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.
  • (b) Without additional notice to all Virginia State Bar members, the text of the proposed bylaw amendment may be amended by a majority vote of the Council members present and voting at that regular meeting.

or

  • (b) Without additional notice to all Virginia State Bar members, the text of the proposed bylaw amendment may be amended by a majority vote of the Council members present and voting at that regular meeting provided the amended text does not substantively or materially conflict with the intent of the proposed bylaw amendment, as determined by the President.

Details: http://www.vsb.org/site/news/item/proposed-amendment-bylaws-2013-10

Proposed Amendment to E-mail Policy

The VSB Council is seeking public comment on a proposed amendment to the Policy Concerning the Use and Disclosure of VSB e-mail addresses. Comments are due by January 24, 2014, to the VSB offices or publiccomment@vsb.org. The amendment provides for the distribution of periodic e-mails by the VSB president regarding items of interest.

Details: http://www.vsb.org/docs/prop-e-mail-policy-100713.pdf

Amendment to VSB Bylaws Regarding Executive Committee Size

The motion at the October 4, 2013, Council meeting to amend the Bylaws of Council, Part II, Article VI, “Executive Committee,” Sec. 1, changing the total number of members from thirteen to sixteen failed by a vote of 28 to 28.

VSB Seeking Nominations for the Following Awards:

Harry L. Carrico Professionalism Award

The award is made in honor of the Honorable Harry L. Carrico, a former chief justice of the Supreme Court of Virginia, who exemplifies the highest ideals and aspirations of professionalism in the administration of justice in Virginia.

Betty A. Thompson Lifetime Achievement Award

The award recognizes and honors an individual who has made a substantial contribution to the practice and administration of family law in Virginia.

Family Law Service Award

The award is given to an individual or organization who has consistently given freely of time, talent and energies to provide valuable services in advancing family, domestic relations, or juvenile law in Virginia, whether such services are rendered to the Virginia legal community or directly to the citizens of Virginia.

William R. Rakes Leadership in Education Award

This award recognizes an individual from the bench, the practicing bar, or the academy who has:

  • Demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improve and enhance the state of legal education …;
  • Made a significant contribution to improving the state of legal education in Virginia … and to enhancing communication, cooperation, and meaningful collaboration among the three constituencies of the legal profession.

Details: http://www.vsb.org/site/members/awards-and-contests/