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Disciplinary Actions Taken by the
Virginia State Bar
January
2002June 2002
archives
June
28, 2002
Patricia Maria Wright, 106 Truxton Avenue, Portsmouth,
VA 23701
VSB
Docket Nos. 99-021-2584, 01-021-2531, 01-021-0405, 99-021-2318
On June 27, 2002, attorney Patricia Maria Wright consented
to a suspension of her license to practice law on an interim
basis, pending a bar investigation of whether she suffers
from a disability. The Disciplinary Board denied Ms. Wright's
motion to continue the hearing of four misconduct cases
but offered her the interim suspension until the disability
issue is settled. If the Disciplinary Board determines
Ms. Wright is not disabled, the board will hear the four
misconduct cases.
go
to opinion
June
28, 2002*
ALAN
JAY CILMAN, ESQUIRE
507
Valley Drive, Vienna, VA 22180
VSB
Docket No. 02-000-2325
On
June 6, 2003, the Virginia Supreme Court reversed the
order of the Board entered on June 28, 2002, and remanded
the case with directions that further proceedings be conducted
in accord with the provisions of Part 6, Section IV, Paragraph
13(I)(a)(1)(b) and Code Section 54.1-3915.
go
to Supreme Court Opinion (official Word file at http://www.courts.state.va.us/opinion/1022458.doc)
go
to Supreme Court Opinion (text file at http://www.courts.state.va.us/txtops/1022458.txt)
On June 28, 2002, the Virginia State Bar Disciplinary
Board suspended Alan Jay Cilman's license to practice
law in the Commonwealth of Virginia for a period of two
years. The suspension was based on Mr. Cilman's failure
to comply with the Rule of the Supreme Court of Virginia
that requires an attorney whose license is suspended or
revoked for misconduct to notify his or her clients, opposing
attorneys, and presiding judges of the suspension or revocation,
make appropriate arrangements for the disposition of the
clients' matters, and provide proof to the Virginia State
Bar that such notifications and arrangement have been
made.
*On
August 28, 2002, Mr. Cilman filed an appeal to the Virginia
Supreme Court.
go
to opinion
June
28, 2002
LAWRENCE
RAYMOND MORTON, ESQ.
12720
Directors Loop, Woodbridge, VA 22192
VSB
Docket No. 00-053-2891
On June 25, 2002, pursuant to an agreed disposition, the
Virginia State Bar Disciplinary Board suspended Lawrence
Raymond Morton's license to practice law in the
Commonwealth of Virginia for a period of sixty days, commencing
on August 1, 2002.
The board found that Mr. Morton violated disciplinary
rules relating to competence and promptness. As court-appointed
criminal defense counsel, Mr. Morton failed to advise
his client timely of the denial of his client's appeal
to the Virginia Court of Appeals; failed to advise the
client of the further right to appeal to the Virginia
Supreme Court; and failed to make timely reply to the
client's inquiries and to make timely provision of transcripts
requested by the client. The board took into account Mr.
Morton's record of prior disciplinary offenses.
go
to opinion
June
27, 2002
Thomas E. Smolka, 990 Wales Road, Cambria, California
93428
VSB Docket Nos. 01-033-1945, 01-033-2106, 02-033-0295,
02-033-0829, 02-033-0962 and 02-033-1948
On June 27, 2002, the Virginia State Bar Disciplinary
Board revoked Mr. Smolka's license to practice law in
the Commonwealth of Virginia. The board found that in
four cases Mr. Smolka engaged in professional misconduct
involving dishonesty, fraud, deceit and misrepresentation
by taking fees for client services that he failed to perform.
Mr. Smolka represented that he had an office at Suite
122, 3126 West Cary Street in Richmond, Virginia, when
in fact that office is a mail drop. Mr. Smolka also held
himself out as being licensed to practice law in Florida
and California, when he was not and, in fact, had entered
into a consent order enjoining him from providing legal
services in Florida and maintaining a law office there.
In two cases, the board found that Mr. Smolka misappropriated
funds in his client trust account. In VSB Docket Nos.
02-033-0295 and 02-033-0962, which arose from overdrafts
on Mr. Smolka's trust account, the board dismissed the
misconduct charges for lack of clear and convincing evidence.
go
to opinion
June
18, 2002
David
Bafumo, 4118 Tall Pine Drive, Franklinton, NC 27525
VSB
Docket #00-051-1567
On June 18, 2002, the Virginia State Bar Disciplinary
Board suspended David Bafumo's license to practice law
for two years. Mr. Bafumo, who represented the husband
in a divorce action, let a notary public in his firm notarize
the wife's signature on a waiver of notice and service
of process form without witnessing the signature or having
it authenticated by the wife. Mr. Bafumo then filed the
waiver in the divorce action. After a final decree was
entered, the wife denied signing the waiver and sought
to invalidate the divorce. Mr. Bafumo wrote to the judge
who presided over the divorce action and informed him
that the notarized waiver had been mailed to his office
and that the husband "had perpetrated a fraud upon the
Court in connection with the case." At a subsequent hearing,
Mr. Bafumo testified falsely about his knowledge of the
defects in the notarization.
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to opinion
June
19, 2002
Learned
Davis Barry, Esquire, 5312 Tuckahoe Avenue, Richmond Virginia
23226.
VSB
Docket No. 02-033-3307
On June
19, 2002, the Third District Committee issued a public
reprimand with terms to Learned D. Barry. The public reprimand
followed a plea agreement entered in the General District
Court of Henrico County. Mr. Barry pled guilty to a petit
larceny charge arising from his taking a $12.95 book from
a bookstore without paying for it. The terms associated
with the public reprimand require Mr. Barry to comply
with the terms of the plea agreement and an agreement
with Lawyers Helping Lawyers. The alternate sanction,
if Mr. Barry fails to comply with the terms, is a two-year
suspension.
go
to opinion
June
12, 2002
Dominick
Anthony Pilli, Esquire, P.O. Box 873, Fairfax, VA 22030
VSB
Docket # 01-051-1797
On June 12,
2002, the Fifth District Committee, Section I, issued
a public reprimand with terms to Dominick A. Pilli.
In May of 2000, a prospective client hired Mr. Pilli
to finalize a divorce which was already pending in court.
The client paid an advance fee. Mr. Pilli drafted a
property settlement agreement but failed to respond
to opposing counsel's request for changes to the agreement
and to the client's request for information concerning
the status of the case. Upon learning that Mr. Pilli
had failed to respond to opposing counsel, the client
fired Mr. Pilli and demanded the return of the advance
fee and their file. Mr. Pilli did not respond.
go
to opinion
JUNE
5, 2002
PATRICIA MARIA WRIGHT, 106 TRUXTON AVENUE, PORTSMOUTH,
VA 23701
VSB DOCKET NOS. 99-021-1381 & 99-021-0223
On March 15, 2002, the Second District Committee-Section
I, issued two public reprimands to Patricia Maria Wright
for neglecting legal matters and failing to communicate
with her clients. Ms. Wright appealed the reprimands to
the Virginia State Bar Disciplinary Board, which affirmed
the sanctions on May 30, 2002.
In the first case, the district committee found that Ms.
Wright was retained to appeal a criminal conviction. Although
she noted the appeal, she failed to pay a filing fee causing
the appeal to be dismissed. The district committee rejected
Ms. Wright's argument that the client authorized the appeal
to be abandoned, finding instead that Ms. Wright neglected
the matter. It further found that despite the numerous
inquiries of the client's mother who was his authorized
representative, Ms. Wright failed to advise her client
of the status of the appeal. The client learned that the
appeal was dismissed after filing a complaint with the
Virginia State Bar.
In the second case, the Second District Committee-Section
I, issued a public reprimand to Patricia Maria Wright
for neglecting a legal matter and failing to communicate
with her client. The district committee found that after
Ms. Wright requested and was paid an initial fee to draft
a petition to terminate a guardianship, she failed to
perform any work on the matter and failed to respond to
her client's repeated inquiries.
go
to opinion 99-021-1381
go
to opinion 99-021-0223
June
5, 2002
Harrison Benjamin Wilson, III, 422 East Franklin Street,
Suite 103, Richmond, VA 23219
VSB
Docket Nos.: 00-032-1980, 01-032-1072, 01-032-0885,
01-032-1755,
01-032-1798, 01-032-1891 Dismissed: 01-032-0643, 01-032-1238
On
May 31, 2002, a three judge panel of the Circuit Court
of Henrico suspended Harrison Benjamin Wilson, III's license
to practice law for two years. In six of the eight cases
brought by the bar, the court found that Wilson had engaged
in incompetence, neglect, failure to communicate with
his clients and failure to follow required trust accounting
procedures. The court dismissed the other two cases.
go
to opinion
June
3, 2002
William August Boge, Suite 103, 9315 Center Street,
Manassas, VA 20110
VSB Docket No. 00-053-3052
On May 28, 2002, the Fifth District-Section III Committee
of the Virginia State Bar issued a public reprimand to
William August Boge after determining that he had not
complied with the terms offered as a condition of a previous
private reprimand. The ethical misconduct which resulted
in discipline involved Mr. Boge's failure to provide a
client with a copy of a motion to reconsider a criminal
sentence; failure to inform the client of the outcome
of the motion; failure to make timely return of the client's
file; failure to respond to the lawful demand for information
requested by the Virginia State Bar; and obstruction of
the bar's investigation of these matters.
go
to opinion
May
29, 2002
John
E. Robins, Jr., 111 Alleghany Road, Hampton, Virginia
23661-3406
VSB
Docket Numbers 99-010-1351 & 99-010-2659
On May 22, 2002, a three-judge panel of the Hampton
Circuit Court issued a public reprimand with terms to
John E. Robins, Jr. This was an agreed disposition of
disciplinary charges in two cases. In the first case,
Mr. Robins did not notify his client that the Court of
Appeals had denied his appeal. He also failed to notify
the client about the suspension of his license to practice
law, although he notified approximately three hundred
other clients. In the second case, Mr. Robins was delinquent
in filing the inventory and accountings for an estate
over a seven-year period. If Mr. Robins fails to comply
with the agreed upon terms of this disposition, his license
to practice law will be suspended for one year.
go
to opinion
May
17, 2002* **
Mary
Meade, Suite 900, 7799 Leesburg Pike, Falls Church, VA
22043-2413
VSB
Docket No. 00-051-1849
On
May 17, 2002, the Virginia State Bar Disciplinary Board
suspended Mary Meade's license to practice law in the
Commonwealth of Virginia for a period of thirteen months.
The board found that in defending a complaint made to
the bar concerning her failure to pay a court reporter,
Ms. Meade engaged in conduct involving dishonesty, fraud,
deceit, or misrepresentation; failed to respond to the
bar's lawful demand for information; and obstructed the
bar's investigation of the court reporter's complaint.
go
to opinion
*On
July 23, 2002, Mary Meade filed an appeal to the Virginia
Supreme Court.
**On
February 7, 2003, the Virginia Supreme Court affirmed
the decision of the Disciplinary Board to suspend Mary
Meades license to practice law in the Commonwealth
of Virginia. An order of suspension was entered
by the Disciplinary Board suspending Ms. Meade on February
28, 2003.
May
17, 2002
Paul
Dennis Ziegler, Jr., 3604 Elkton Drive, Chesapeake, Virginia
23321
VSB
Docket Number 01-010-2534
On
May 17, 2002, the Virginia State Bar Disciplinary Board
issued a Public Reprimand to Paul Dennis Ziegler, Jr.
The Board found that Mr. Ziegler, a Lieutenant in the
Navy Judge Advocate General's Corps, committed a crime
or other deliberately wrongful act, in violation of Rule
8.4(B) of the Virginia Rules of Professional Conduct.
The charges were based upon an October 23, 2000 shoplifting
incident in which Mr. Ziegler placed a watch in his pants
pocket, purchased another item, and left the store without
paying for the watch. Store security found him outside
of the store in the mall food court adjusting the watch
while he waited for a food order.
go
to opinion
May
17, 2002*
Charles
Daugherty Fugate, II, Highway 58 at State Route 892, Jonesville,
Virginia 24263
VSB
Docket No. 00-00-1475
On
May 17, 2002, the Virginia State Bar Disciplinary Board
revoked Charles Daugherty Fugate, II's license to practice
law. The revocation was based upon his guilty pleas and
convictions in the United States District Court for the
Western District of Virginia to two federal felony charges
of mail fraud stemming from a scheme to defraud Lee County
Community Hospital.
go
to opinion
go
to reconsideration opinion
*On
August 16, 2002, Charles Daugherty Fugate, II, filed
an appeal to the Virginia Supreme Court.
May
17, 2002*
** ***
Beverly
Diane Crawford, 3117 West Clay Street, Suite 2, Richmond,
VA 23230
VSB
DOCKET NO. 98-032-1130
On
Friday, May 17, 2002, the Virginia State Bar Disciplinary
Board revoked Beverly Diane Crawford's license to practice
law in the Commonwealth of Virginia, effective May 17,
2002. The board found that as the attorney for the executrix
of an estate Crawford charged the estate unreasonable
fees and failed to attend promptly to matters related
to the administration of the estate until completed.
In imposing the revocation the board also found that
Crawford had failed to comply with the terms of an order
of continuance entered in the case on January 29, 2002.
The board also denied Crawford's last minute motion
to continue the trial date of May 17, 2002, based upon
her alleged inability to appear for medical reasons.
go
to opinion
*On
May 24, 2002, Ms. Crawford filed a Motion for Reconsideration
with the Disciplinary Board. The Board refused
her motion.
go
to reconsideration opinion
**On
July 11, 2002, Beverly Diane Crawford filed an appeal
to the Virginia Supreme Court.
***On
November 27, 2002, the Virginia Supreme Court dismissed
Beverly Diane Crawford appeal. Also, on February
28, 2003, the Virginia Supreme Court denied Ms. Crawfords
petition for rehearing.
May
13, 2002*
Barry
Randolph Koch, 575 Lynnhaven Parkway, Suite 200, Virginia
Beach, VA 23452-6715
VSB
Docket No. 02-021-0258
On May
9, 2002, the Virginia State Bar Second District Committee,
Section I, issued a public reprimand to attorney Barry
Randolph Koch after finding that Mr. Koch failed to act
promptly on a client's domestic matter and failed to communicate
with the client on multiple occasions regarding the status
of the representation.
*On
May 31, 2002, Barry Randolph Koch filed an appeal to the
Disciplinary Board.
May
13, 2002
Mark
Thomas Crossland, 12620 Lake Ridge Drive, Woodbridge,
VA 22192
VSB
Docket Nos. 99-053-1440 and 99-053-2646
On
May 13, 2002, a subcommittee of the Fifth District-Section
III Committee of the Virginia State Bar issued two public
reprimands to Mark Thomas Crossland.
In
a real estate matter, Mr. Crossland was found to have
violated disciplinary rules relating to supervision of
nonlawyer personnel and to promptness in connection with
his failure to file a timely certificate of satisfaction
releasing a deed of trust following a residential real
estate settlement. In an estate matter, he was found to
have violated disciplinary rules relating to supervision
of nonlawyer personnel and to competence and promptness
in connection with his failure to file a timely and proper
accounting with the commissioner of accounts.
go
to opinion (1440)
go
to opinion (2646)
May
3, 2002
Alexandra
Divine Bowen, 1919 Huguenot Road, Suite 300, Richmond,
Virginia 23235-4321
VSB
Docket Nos. 01-033-0480 and 01-033-2297
On April
22, 2002, the Virginia State Bar Third District Committee,
Section III, issued a public reprimand with terms to Alexandra
Divine Bowen. In connection with Ms. Bowen's representation
of a client in a divorce proceeding, the district committee
found that Ms. Bowen failed to keep her client reasonably
informed about the status of the proceeding and failed
to supervise non-lawyer employees who communicated with,
or should have communicated with, the client. In connection
with Ms. Bowen's representation of a client in a custody
matter, the district committee found that Ms. Bowen failed
to keep her client reasonably informed about the status
of the matter and did not act with reasonable diligence
and promptness in representing the client. The terms imposed
by the district committee require Ms. Bowen to complete
a 20 hour mentoring program and 80 hours of supervised
pro bono service.
go
to opinion
May
1, 2002
Paul Cornelious Bland, P.O. Box 402, Petersburg, VA 23804-0402
VSB Docket Nos. 00-031-2092, 99-031-1708, 00-031-3456,
99-031-0921 and 99-031-0907
The Virginia State Bar Disciplinary Board accepted an
agreed disposition imposing a four month suspension with
terms on Paul Cornelious Bland, beginning August 16, 2002.
The terms, which commence immediately, include continuing
legal education courses, retention of a law office management
consultant and creation of office policies. Mr. Bland
was charged with misconduct in five matters. The misconduct
included trust account record keeping violations, failure
to communicate, failure to handle client matters promptly
and neglect.
to
to opinion
April
29, 2002
William Pickett Shea, Jr., 6269 Leesburg Pike,
Suite 102, Falls Church, VA 22044
VSB Docket No. 02-000-2961
Effective May 1, 2002, the Virginia State Bar Disciplinary
Board suspended William Pickett Shea's license to practice
law based on a disability. The action was by agreement
and was continued to June 28, 2002, for further review.
go
to opinion
April
29, 2002
Oscar de Leon Noblejas, Noblejas & Associates,
P.C., P.O. Box 10856, Burke, VA 22009-0856
VSB Docket No. 02-000-2794
On April 26, 2002, the Virginia State Bar Disciplinary
Board revoked Oscar de Leon Noblejas's license to practice
law for failing to comply with the terms a prior public
reprimand. On November 16, 2001, the board reprimanded
Mr. Noblejas and ordered him to pay his client's medical
expenses by February 1, 2002. He did not pay the expenses,
and the board imposed the alternate sanction of revocation.
go
to opinion
April
29, 2002
Terry Lee Van Horn, 513 Forest Avenue, Richmond, VA 23229
VSB
Docket Nos. 99-033-3099, 00-033-3186, and 01-033-1633
On
April 26, 2002, the Virginia State Bar Disciplinary Board
accepted an agreed disposition suspending Terry Van Horn
with terms for three years, beginning May 27, 2002. The
alternate disposition for non-compliance with the terms
is revocation of Mr. Van Horn's law license. Mr. Van Horn
admitted engaging in misconduct consisting of failure
to communicate with clients and others, lack of promptness
and diligence in attending to client matters and charging
fees that were unreasonable and not adequately explained.
He also admitted that he engaged in conduct involving
fraud, deceit and misrepresentation, which reflect adversely
upon his fitness to practice law.
The
terms imposed require Mr. Van Horn to undergo medical,
psychiatric and neuropsychological evaluations and to
submit periodic reports from his medical care providers
to the bar while he is suspended from the practice of
law.
go
to opinion
April
29, 2002
Luther Cornelius Edmonds, 1225 Bossevain Avenue, Norfolk,
Virginia 23507
VSB Docket No. 98-022-2497
On
April 26, 2002, in Docket No. 98-022-2497, the Virginia
State Bar Disciplinary Board issued a public reprimand
to Luther Cornelius Edmonds for his conduct in a federal
court lawsuit. The board found that Mr. Edmonds presented
unwarranted claims in a suit he filed against circuit
court judges in Norfolk, the Judicial Inquiry Review Commission
and others. Mr. Edmonds had been sanctioned by the federal
judge who dismissed the suit.
go
to opinion
April
29, 2002
Luther Cornelius Edmonds, 1225 Bossevain Avenue, Norfolk,
Virginia 23507
VSB Docket No. 00-022-1227
Also
on April 26, 2002, in Docket No. 00-022-1227, the board
imposed a six month suspension of Mr. Edmonds' license
to practice law in Virginia. The board found Mr. Edmonds
presented unwarranted claims in a suit he filed on behalf
of a client, and that he filed suit when it was obvious
the suit served merely to harass and maliciously injure
one of the defendants in the suit, a state circuit court
judge. As in the matter reported above, the federal court
had dismissed the suit and sanctioned Mr. Edmonds.
go
to opinion
April
26, 2002
Paul
Marcus Lipkin, 1233 Botetourt Gardens, Norfolk, VA 23517
VSB
Docket Nos. 02-022-2599 and 02-022-2600
On April
25, 2002, Paul Marcus Lipkin surrendered his license to
practice law. In 1999, the Virginia State Bar Disciplinary
Board suspended Mr. Lipkin's license for three years,
and he had been ineligible to practice since that time.
At the time of the surrender, the bar was investigating
two additional complaints.
April
16, 2002
John
Henry Partridge, 761 Monroe Street, Herndon, VA 20171
VSB
Docket No. 00-053-0374
On
March 26, 2002, the Fifth District Committee, Section
III, issued a public reprimand to John Henry Partridge.
In connection with an immigration matter, the district
committee found that Mr. Partridge violated disciplinary
rules requiring an attorney to attend promptly to a matter
undertaken for a client and to keep the client reasonably
informed about the matter.
The
public reprimand was issued following the district committee's
finding that Mr. Partridge failed to comply with terms
offered as a condition of the imposition of private discipline.
go
to opinion
April
11, 2002
William P. Robinson, Jr., 256 West Freemason Street, Norfolk,
Virginia 23510-1221
VSB Docket No. 00-022-1581
The Virginia State Bar Second District Subcommittee, Section
II, issued a public reprimand to William P. Robinson,
Jr. The subcommittee found that Mr. Robinson failed to
promptly file the appeal in a criminal matter, failed
to promptly respond to a motion to dismiss a habeas corpus
petition, and failed to keep his client reasonably informed
throughout the process. Mr. Robinson agreed to the imposition
of the public reprimand.
go
to opinion
April
3, 2002*
James Daniel Kilgore, P.O. Box 918, Wise, Virginia 24293-0918
VSB Docket No. 02-000-2781
On April 1, 2002, the Virginia State Bar Disciplinary
Board summarily suspended James Daniel Kilgore's
license to practice law and set a show cause
hearing for April 26, 2002. The action was based on an
order of the United States Bankruptcy Court for the Western
District of Virginia, Roanoke (Big Stone Gap) Division,
disbarring Mr. Kilgore from the practice of law in that
court. At the April 26th hearing, Mr. Kilgore
will be required to show why his license should not be
further suspended or revoked.
*April
29, 2002
James Daniel Kilgore, P.O. Box 918, Wise, Virginia 24293-0918
VSB Docket No. 02-000-2781
On April 26, 2002, the Virginia State Bar Disciplinary
Board revoked James Daniel Kilgore's license
to practice law in Virginia. The revocation was based
on an order of the United States Bankruptcy Court for
the Western District of Virginia, Roanoke (Big Stone
Gap) Division, disbarring Mr. Kilgore from the practice
of law in that court.
go
to opinion
April
3, 2002* **
Vincent
Napoleon Godwin, 22253 Deep Bottom Drive, Carrollton,
Virginia 23314
VSB
Docket No. 02-000-2789
On March
29, 2002, the Virginia State Bar Disciplinary Board summarily
suspended Vincent Napoleon Godwin's license
to practice law and set a show cause hearing for April
26, 2002. The action was based on Mr. Godwin's February
26, 2002, conviction of larceny in the Superior Court
of the City of Cambridge, Massachusetts. At the April
26th hearing, Mr. Godwin will be required to
show why his license should not be further suspended or
revoked.
*On
April 26, 2002, the Virginia State Bar Disciplinary Board
granted a general continuance. Mr.Godwin's
license remains suspended until further order of the board.
**On May 21, 2004, the board revoked Mr. Godwin’s license to practice law in Virginia and made the revocation effective at the end of an existing three year suspension for misconduct. The misconduct suspension was imposed by the board on December 12, 2003.
go to opinion (posted 6/11/04)
April
3, 2002*
Norvill Sherman Clark, 2575 Alvin Ave. # 228,
San Jose, CA 95121-1674
VSB Docket #02-080-2153
On March 29th 2002, the Virginia State Bar
Disciplinary Board summarily suspended Norvill Sherman
Clark's license to practice law. The action was based
on Mr. Clark's December 14th 2001, guilty plea
and conviction to three counts of misdemeanor false pretense
in the Circuit Court of Raleigh County, West Virginia.
Mr. Clark was ordered to appear before the board on April
26th 2002, to show cause why his license should
not be further suspended or revoked.
*April
29, 2002
Norvill
Sherman Clark, 2575 Alvin Avenue #228, San Jose, California
VSB
Docket No. 02-000-2153
The Virginia State Bar Disciplinary Board revoked Norvill
Sherman Clark's law license following a hearing on April
26, 2002. Mr. Clark pled guilty to three counts of false
pretenses in Raleigh County, West Virginia. The convictions
arose from Mr. Clark's admitted larceny, forgery and
uttering of personal checks belonging to an elderly,
disabled man from whom Mr. Clark rented a room. Mr.
Clark's crimes were the result of substance abuse for
which he was actively seeking treatment and recovery.
The board found that the victim's vulnerability and
nature of the offenses warranted revocation of Mr. Clark's
law license.
go
to opinion
March
27, 2002
Ellen Compere Reynolds, Danville District Office, 155
Deer Run Road, Danville, Virginia 24540
VSB Docket No. 00-090-2733 and 00-090-2892
On March 22, 2002, the Virginia State Bar Disciplinary
Board issued a public reprimand to Ellen Compere Reynolds
for her conduct in a child support matter. The board found
that Ms. Reynolds took frivolous legal positions before
the Danville Circuit Court and the Virginia Court of Appeals
when she opposed a pro se father's efforts to set aside
a finding of an arrearage of child support. Ms. Reynolds
is special counsel for the Virginia Department of Child
Support Enforcement.
go
to opinion
March
25, 2002
Robert Edward Howard, 2207 Ward Place, Alexandria, Virginia
22304
Re: VSB Docket Nos. 99-042-2586, 00-042-0234 and 00-042-2504
Effective April 1, 2002, the Virginia State Bar Disciplinary
Board suspended Robert E. Howard's license to practice
law for 60 days pursuant to an agreed disposition. The
board found Mr. Howard violated disciplinary rules in
connection with his advertising in the Vietnamese community,
his failure to supervise an employee, and his tender of
a bad check to a translator hired on behalf of a client.
The terms of the suspension required Mr. Howard to attend
continuing legal education programs and to make restitution
to individuals victimized by his dishonest employee.
go
to opinion
March
22, 2002*
Kenneth
Harrison Fails, II, Suite 920, 1850 M Street, NW, Washington,
DC 20036
VSB
Docket Nos. 00-042-2504, 00-042-2638, 01-042-1308, 01-042-1309
and 01-042-1387
The
Virginia State Bar Disciplinary Board revoked Kenneth
Harrison Fails II's license to practice law in Virginia,
effective March 22, 2002. The board found that Mr. Fails
engaged in the practice of law while his license was suspended
and that he lacked competence and diligence in the handling
of client matters before state and federal courts. Mr.
Fails' disciplinary record was taken into consideration
in the board''s decision to revoke his license.
go
to opinion
*On
May 28, 2002, Kenneth Harrison Fails, II filed an appeal
to the Virginia Supreme Court.
On January
10, 2003, the Virginia Supreme Court affirmed the Disciplinary
Boards decision to revoke the license of Kenneth
Harrison Fails, II, licensed to practice law in Virginia.
go
to opinion (This is a Word document
on the Supreme Court's Web site)
March
19, 2002
Gary
M. Breneman, Breneman & Associates, P.O. Box 3808,
Reston, Virginia 20195
VSB
Docket No. 00-051-0899
The
Virginia State Bar Fifth District Committee issued a public
reprimand to Gary M. Breneman. Mr. Breneman was hired
to draft a will and advance directives. The client paid
one half of the fee in advance. Despite requests from
the client, Mr. Breneman did not produce the documents
or refund the fee until after the client filed a complaint
with the bar. Mr. Breneman also did not cooperate with
the bar's investigation of the complaint.
go
to opinion
March
12, 2002
Walter Franklin Green, IV, 77 North Liberty St.,
P.O. Box 512, Harrisonburg, VA 22801-0512
VSB Docket No. 97-070-0897
The Virginia State Bar Seventh District Committee issued
a public reprimand with terms to Walter Franklin Green,
IV for failing to properly withdraw from representing
a client. Mr. Green's failure to withdraw occurred at
the time his client's appeal was pending in the Court
of Appeals, and Mr. Green did not seek the court's permission
to withdraw.
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to opinion
March
12, 2002
Martin
William Boelens, Jr., 10520 Emerald Chase Drive, Orlando,
FL 32836
VSB
Docket No. 02-033-2201
Martin
William Boelens, Jr. surrendered his license to practice
law in Virginia. The board revoked his license on March
12, 2002. On January 7, 2002, Mr. Boelens pled to grand
larceny and conspiracy charges in the Supreme Court of
the State of New York.
March
6, 2002
Wesley
Lee Pendergrass, Suite 327, 2013 Cunningham Drive, Hampton,
Virginia 23666-3304
VSB
Docket No. 00-010-3192
The
Virginia State Bar First District Committee issued a public
reprimand with terms to Wesley Lee Pendergrass following
a hearing on February 7, 2002. The committee found that
Mr. Pendergrass failed to perfect an appeal for his court-appointed
client, although he agreed to do so, and the client repeatedly
asked him to do so. Instead, Mr. Pendergrass allowed the
appeal to lapse, waited several months, then filed a motion
to reduce or modify his client's sentence. The motion
was denied. The committee considered Mr. Pendergrass's
prior disciplinary record in issuing the public reprimand
with terms.
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to opinion
February
25, 2002
Gay Lynn Tonelli, Suite B, 145 King Street, P.O.
Box 567, Keysville, Virginia 23947
VSB
Docket No. 00-090-2323
On February 15, 2002, the Disciplinary
Board affirmed the Ninth District Committee's imposition
of a public reprimand after Gay Lynn Tonelli withdrew
her appeal of the public reprimand. The district committee
imposed the public reprimand on November 16, 2001 for
Ms. Tonelli's neglect of a domestic relations matter,
failure to communicate with her client, and failure to
cooperate with the bar's investigation.
go
to opinion
go
to district committee determination
February
25, 2002
Michael Andrew Burchett, 128 Carnousi Road, Franklin,
TN 37069
VSB Docket No. 99-070-1899
On February 20, 2002, the Disciplinary Board revoked Michael
Andrew Burchett's license to practice law. Mr. Burchett's
license was suspended in 1997, and he had not been eligible
to practice in the commonwealth since that time. The board
was scheduled to hear additional misconduct charges against
Mr. Burchett arising from his failure to properly close
his practice following the 1997 suspension. Mr. Burchett
surrendered his license before the hearing. Under the
bar's rules, the surrender constitutes an admission of
the pending charges.
February
21, 2002
Sa'ad
El-Amin, 24 Overbrook Road, Richmond, VA 23222
VSBDocket
Nos. 97-032-0911, 98-032-0752, 98-032-2823, 99-032-1058,
99-032-1449, 99-032-1786, 00-032-0191, 99-032-1832, 99-032-1924,
99-032-2748, 97-032-1479, 99-032-0850 and 99-032-2240
On
February 21, 2002, Sa'ad El-Amin surrendered his license
to practice law in Virginia. Beginning February 21, the
Virginia State Bar Disciplinary Board was scheduled to
hear misconduct charges in thirteen cases against Mr.
El-Amin. Mr. El-Amin elected to have charges in a fourteenth
case heard by a three-judge circuit court. In the cases
before the Disciplinary Board, Mr. El-Amin was charged
with failing to supervise his staff, charging an unreasonable
fee, attempting to have attorney's fees paid to his firm
instead of to himself personally and neglecting preparation
of a civil case. Mr. El-Amin was also charged with failure
to communicate with a client, filing an action with no
legal basis to do so, misrepresenting the amount of attorney's
fees earned in a case, having a trust account in which
there were insufficient funds, failing to file an appellate
brief timely, failing to return a client's file, incompetence
and failing to complete a client representation or withdraw.
Mr. El-Amin was also charged with leading a client to
believe that her case was still viable when it had been
dismissed, failing to appear for oral argument in the
appeal of a criminal conviction, receiving structured
settlement payments for his client and failing to disburse
the funds to the client, failing to honor medical liens
in a personal injury case and being unprepared for trial.
Mr. El-Amin was also charged with nonsuiting an action
without first informing his client and then explaining
the nonsuit by stating that a summoned doctor had failed
to appear when it appears the doctor was never summoned.
Under the Rules of the Supreme Court, the surrender constitutes
an admission of the pending charges. Mr. El-Amin's license
was suspended for four years on October 1, 1999. When
he surrendered his license, the bar was investigating
fourteen additional complaints against Mr. El-Amin.
February
11, 2002*
M.T. Kissinger, Jr., 9610 Sherwood Place, Apartment
31, Norfolk, Virginia 23503
VSB Docket No. 01-000-2767
On January 25, 2002, the Disciplinary Board recommended
that the Supreme Court of Virginia grant M.T. Kissinger's
petition for reinstatement of his license to practice
law. The recommendation was filed with the court, which
will take final action on Mr. Kissinger's petition.
go
to opinion
*On
April 26, 2002, the Virginia Supreme Court approved
Mercer Theodore Kissinger, Jr.s, petition for
reinstatement of his license to practice law.
Final action will be taken by the Court upon receipt
of evidence from Mr. Kissinger that he has met certain
requirements.
February
7, 2002
Raymond William Konan, Suite T-10, 6001 Arlington Boulevard,
Falls Church, Virginia 22044
VSB Docket No. 98-052-2517
On February 5, 2002, the Virginia State Bar Disciplinary
Board issued a public reprimand with terms to Raymond
William Konan. The board found that Mr. Konan filed an
invalid mechanic's lien against his estranged wife's house
and faxed a misleading letter to his wife's real estate
agent to stop the sale of the house. Mr. Konan was sanctioned
$2500 by the Fairfax Circuit Court for his actions regarding
the mechanic's lien.
go
to opinion
January
29, 2002*
Martin G. Mullen, 8820 Fircrest Place, Alexandria, Virginia
22308
VSB Docket No. 02-000-1877
On January 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Martin G. Mullen's license
to practice law in Virginia and set a show cause hearing
for February 22, 2002. The action was based on the U.S.
Patent and Trademark Office's four-year suspension of
Mr. Mullen's license to practice patent law before that
federal agency. At the February 22nd hearing,
Mr. Mullen will be required to show why the board should
not suspend his Virginia license for four years.
*May
8, 2002
Martin G. Mullen, 8820 Fircrest Place, Alexandria, Virginia
22308
VSB Docket No. 02-000-1877
On May 7, 2002, the Virginia State Bar Disciplinary
Board suspended Martin G. Mullen's license
to practice law in Virginia for four years. The Board
took this reciprocal action based on a four year suspension
by the U.S. Patent and Trademark Office (PTO) of Mr.
Mullen's license to practice law before that federal
agency. The PTO suspension was agreed to by Mr. Mullen
and was based upon his neglect in handling 14 patent
applications.
go
to opinion
January
28, 2002*
Malcolm Bruce Wittenberg, 1999 Harrison Street, Oakland,
CA 94612
VSB Docket No. 02-000-2065
On January 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Malcolm Bruce Wittenberg's license
to practice law. The action was based on Mr. Wittenberg's
December 14, 2001, guilty plea and conviction of insider
trading in the United States District Court for the Northern
District of California. Mr. Wittenberg was ordered to
appear before the board on February 22, 2002, to show
cause why his license should not be further suspended
or revoked.
*On
February 22, 2002, the Virginia State Bar Disciplinary
Board revoked Mr. Whittenberg's license to practice
law as a result of his felony conviction.
January
25, 2002*
Jean Veness, 329 River Forest Road, Virginia Beach, Virginia
23454
VSB Docket No. 02-000-1795
On January 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Jean Veness's license
to practice law in Virginia. The action was based on an
order of the New York Supreme Court suspending her New
York law license for one year. Ms. Veness was ordered
to appear before the board on February 22, 2002, to show
cause why her license to practice in Virginia should not
further suspended.
*On
February 22, 2002, the Disciplinary Board suspended
Jean Veness's license to practice law in Virginia for
one year.
January
25, 2002*
Robert Brown Patterson, P.O. Box 2051, Middleburg,
VA 20118
VSB Docket No. 02-000-1882
On January 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Robert Brown Patterson's license
to practice law. The board's action was based on Mr. Patterson's
November 30, 2001, guilty plea and conviction in the United
States District Court, Eastern District of Virginia, Alexandria
Division for theft of government property. Mr. Patterson
stole Veteran's Administrations checks and funds that
were intended for his deceased mother-in-law.
*On
February 22, 2002, Robert Brown Patterson surrendered
his license to practice law in the Commonwealth of Virginia.
January
25, 2002
Robert Henry Smallenberg, 7 South Adams Street, Richmond,
Virginia 23220-5601
VSB
Docket No. 00-032-1370
The
Virginia State Bar Third District Committee issued a public
reprimand to Robert Henry Smallenberg. A subcommittee
found that Mr. Smallenberg filed a legal malpractice action
against an attorney with whom a principal in Mr. Smallenberg's
law firm had a long standing history of ill will. The
subcommittee also found that Mr. Smallenberg knew that
there was no legal basis for the malpractice action and
that the principal was bringing the lawsuit to harass
or maliciously injure the defendant attorney. The circuit
court imposed more than $32,000 in sanctions against Mr.
Smallenberg and his law firm for filing an unwarranted
lawsuit. The sanctions were affirmed by the Virginia Supreme
Court. The public reprimand is an agreed disposition of
the disciplinary charges against Mr. Smallenberg.
go
to opinion
January
23, 2002
Joseph Brian Sheridan, 8651 Devon Street, Norfolk,
Virginia 23503
VSB Docket Nos. 02-000-1323, 99-021-1074, 99-021-2093,
99-021-3211 and 00-021-1679
On January 17, 2002, the Virginia State Bar Disciplinary
Board indefinitely suspended Joseph Brian Sheridan's
license to practice law due to a disability.
This was an agreed disposition of five misconduct cases
against Mr. Sheridan. The board also found disciplinary
rule violations in each of the cases. If the disability
suspension is ever lifted, the violations could result
in further sanctions.
go
to opinion
January
22, 2002
Dianne E. Wilcox, 1833 Joco Lane, Moneta, Virginia 24121
VSB Docket No. 98-080-1433
On January 15, 2002, Dianne E. Wilcox tendered a petition
to surrender her license to practice law in the Commonwealth
of Virginia. On January 23, 2002, the Virginia State Bar
Disciplinary Board was scheduled to hear charges arising
from Ms. Wilcox's mishandling of an estate, including
overpayment of hundreds of thousands of dollars in purported
commissions to herself from the estate fiduciary account.
Ms. Wilcox also was charged with wrongfully treating her
purchase of the decedent's $219,000 house as a gift and
wrongfully treating a $50,000 loan she received from the
decedent as a purchase of stock in a corporation in which
she had a interest. She valued the decedent's purported
interest in the corporation at $14,652.09 when he died
two months later. The bar previously pursued a civil action
against Ms. Wilcox's mishandling of the estate that resulted
in a court order removing her as the administrator of
the estate.
January
22, 2002
Scott Meadows Reed, Suite 600, One Columbus Center, Virginia
Beach, Virginia 23462
VSB Docket Nos. 00-022-3181, 01-022-2525, 02-022-1147
and 02-022-1324
On January 16, 2002, Scott Meadows Reed surrendered his
license to practice law in the Commonwealth of Virginia.
The Virginia State Bar Disciplinary Board was scheduled
to hear disciplinary charges against Mr. Reed on January
25, 2002. He was charged with mishandling client funds,
violating trust account rules, and lying to a Virginia
State Bar investigator. Under the bar's rules, the surrender
constitutes an admission of those charges. The bar was
investigating three other complaints against Mr. Reed.
This is the second time Mr. Reed's license has been revoked.
He surrendered his license with charges pending in 1986,
and it was reinstated in 1993.
Disciplinary
Actions July 2001 - December 2001
Disciplinary
Actions January 2001 - June 2001
Disciplinary
Actions July 2000 - December 2000
Disciplinary
Actions January 2000 - June 2000
Disciplinary
Actions July 1999 - December 1999
Disciplinary
Actions January 22, 1999 - June 1999
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