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Disciplinary Actions Taken by the
Virginia State Bar
January
2004 – Present
(Except
for agreed dispositions, disciplinary actions imposed
by a District Committee remain subject to appeal for
10 days after notice of the determination is mailed
to the Respondent.)
(Except
for agreed dispositions, disciplinary actions imposed
by the Disciplinary Board remain subject to appeal
for 30 days after the Memorandum Order is served on
the Respondent.)
archives
updated
3/28/05
June
30, 2004* **
George
Albert Bates, P. O. Box 562, Keswick,
VA 22947
VSB
Docket No. 04-000-3675
Effective
June 25, 2004, the Virginia State Bar
Disciplinary Board summarily suspended
George Albert Bates's license to practice
law in Virginia. The suspension arises
from Mr. Bates's felony conviction by
the Albemarle County Circuit Court, on
April 10, 2002, of malicious wounding.
The board ordered Mr. Bates to appear
before it on July 23, 2004, to determine
whether revocation or further suspension
is appropriate.
*The Virginia State
Bar Disciplinary Board continued this
matter until Friday. March 25, 2005
**On March 25, 2005, the Virginia
State Bar Disciplinary Board revoked
George Albert Bates's license to practice
law. Mr. Bates was convicted in April 2002
of malicious wounding, a felony, for which
he was sentenced to a prison term.
June
30, 2004
John
Edward Ryan Jr., 3600 Chain Bridge Road,
Fairfax, VA 22030-3202
VSB
Docket # 03-053-0988
On
June 28, 2004, pursuant to an agreed disposition,
a subcommittee of the Fifth District Committee,
Section III, issued a public reprimand
to attorney John Edward Ryan, Jr. The
subcommittee found that as executor for
an estate Mr. Ryan lacked diligence in
making required filings with a commissioner
of accounts and in disbursing funds to
estate beneficiaries. In issuing the public
reprimand, the subcommittee took into
account the fact that Mr. Ryan was disciplined
in February 2001, for his handling of
the same estate matter.
go to opinion (posted 7/30/04)
June
29, 2004
Thomas
Orville Murphy, 8709 Plantation Lane,
Manassas VA 20110-4506
VSB
Docket # 99-053-0974
On
June 22, 2004, the Virginia State Bar
Fifth District Committee, Section III,
issued a public admonition with terms
to Thomas Orville Murphy. The committee
found that Mr. Murphy had a conflict of
interest when he represented two clients
in their bankruptcy cases when he was
at the same time a secured creditor of
the parties.
go to opinion (posted 8/10/04)
June
28, 2004
Mac Andres Chambers, Apartment 84, 3158 Berry Lane SW, Roanoke, Virginia 24018
VSB Docket No. 03-080-4043, 03-080-4051, 03-080-4052
On June 25, 2004, the Virginia State Bar Disciplinary Board revoked the law license of Mac Andres Chambers, effective immediately, based upon his failure to comply with terms imposed in connection with two public reprimands and one private reprimand. Mr. Chambers' misconduct consisted of neglect and failure to communicate in a personal injury matter, failure to properly discharge his fiduciary duties in a real estate transaction, conflicts of interest, and neglect and failure to communicate in two traffic cases. In revoking Mr. Chambers' law license, the board took into account the fact that, after the public and private reprimands were issued, Mr. Chambers was disciplined for misconduct in new matters.
go to opinion (posted 7/20/04)
June 25, 2004
Thomas Leroy Johnson Jr., The Gee Law Firm, 5900 Midlothian Turnpike, Richmond, VA 23225
VSB Docket No. 04-000-3403
On June 25, 2004, the Virginia State Bar Disciplinary Board suspended Thomas Leroy Johnson’s license to practice law in Virginia for four years, effective May 27, 2004. The reciprocal discipline is based upon an agreed order of the United States District Court for the Eastern District of Virginia, Richmond Division, entered on April 27, 2004, suspending Mr. Johnson from practicing law in any federal court for four years. The Fourth Circuit Court of Appeals also suspended Mr. Johnson from practice before the Court until he is reinstated to the practice of law in federal district courts and petitions the Fourth Circuit for reinstatement to the bar of the United States Court of Appeals. Mr. Johnson admitted falsely representing in a fee voucher for his services as a court appointed attorney in a federal criminal matter that he had not received any other payment or compensation, when in fact he had received a cash payment of $1,000. In soliciting payment of more than the standard court-appointed counsel fee, Mr. Johnson represented that he would represent his client more zealously if he were paid an additional sum of money. Mr. Johnson also admitted that his letter to a federal judge explaining the voucher contained a knowing and intentional falsehood.
go to opinion (posted 7/2/04)
June 25, 2004
Stuart Woodward Atkinson, Suite 155, 714 J. Clyde Morris Boulevard, Newport News, VA 23601
VSB Docket Nos. 02-010-0560, 02-010-0658, 03-010-0083, 03-010-0366, and 03-010-1876
On June 25, 2004, Stuart Woodward Atkinson consented to the revocation of his license to practice law. At the time, disciplinary charges were pending against Mr. Atkinson for failing to timely attend to his fiduciary obligations in three estates, failing to perfect a criminal appeal, and failing to preserve a client's claim to insurance proceeds in a personal injury case.
go to consent to revocation (posted 6/25/04)
June 23, 2004
Verbena Maxine Askew, 312 60th Street, Newport News, Virginia 23607
VSB Docket No. 03-090-3094
On June 18, 2004, a panel of the Virginia State Bar Ninth District Committee dismissed charges of misconduct against Verbena Maxine Askew for lack of clear and convincing evidence.
June 23, 2004
Stanley Kirkland Foshee, 11815 Bishop's Content, Mitchellville, MD 20721-2750
VSB Docket No. 02-042-2942
On June 14, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board, suspended Stanley Kirkland Foshee's license to practice law in Virginia for three years.
Among other things, the board found that Mr. Foshee nonsuited his client's personal injury case without her knowledge and consent after he failed to respond to the opposing party's discovery; and failed to re-file his client's claim at any time thereafter. He also advised his client that her case could not be won, despite the fact that her claim arose from a rear-end collision while the client was stopped for a red light.
The board also found that after promising to pay the client's health care provider in installments and to provide a promissory note, Mr. Foshee neither furnished a promissory note nor made any payments to the health care provider. Moreover, the board found that during the time Mr. Foshee was negotiating with his client's health care provider and counseling his client respecting her outstanding bill, his license to practice law in Virginia was administratively suspended.
The board directed Mr. Foshee to pay the client's health care provider. If he fails to do so under the terms of the board's order, Mr. Foshee's license to practice law in Virginia will be revoked.
go to opinion (posted 6/23/04)
June
16, 2004*
John
Joseph Vavala, Suite 103, 124 South Lynnhaven
Road, Virginia Beach, Virginia 23452
VSB
Docket No. 04-021-2543
On
June 15, 2004, the Virginia State Bar Disciplinary
Board suspended John Joseph Vavala's license
to practice law for failure to respond to
a bar subpoena duces tecum.
*On July 30, 2004, the Virginia State Bar Disciplinary Board lifted the suspension of John Joseph Vavala’s license to practice law.
June 16, 2004
William Mills Krieger, 118 River Road, Poquoson, Virginia 23662
VSB Docket No. 03-010-2015
On June
15, 2004, pursuant to an agreed disposition,
the Virginia State Bar Disciplinary Board
issued an admonition to William Mills Krieger.
The admonition resulted from a confrontation
between Mr. Krieger and an adverse party in
a courtroom hallway, during which Mr. Krieger
improperly engaged in caustic and disruptive
behavior.
go
to opinion (posted
7/6/04)
June
15, 2004
Mac Andres Chambers, 3158 Berry Lane, SW,
Apt. 84, Roanoke, Virginia 24018
VSB Docket Nos. 03-080-0419, 03-080-1249,
03-080-3704,
04-080-0551
On June 10, 2004, pursuant to an agreed disposition,
the Virginia State Bar Disciplinary Board
suspended Mac Andres Chambers' license
to practice law for one year, effective September
1, 2004. Mr. Chambers failed to competently
and diligently represent clients, neglected
client matters, failed to communicate with
clients, and failed to return a complete client
file. At the bar's request, Docket No. 03-080-0419
was dismissed with prejudice.
go to opinion (posted 6/25/04)
June 9, 2004
Neil Kuchinsky, 200 Lakeview Avenue, P.O. Box 125, Colonial Heights, VA 23834-0125
VSB Docket No. 04-060-0661
On June 4, 2004, a panel of the Virginia State Bar Sixth District Committee dismissed charges of misconduct brought against Neil Kuchinsky.
go to opinion (updated 6/5/17)
June 9, 2004
Kenneth Hammond Taylor, #51, 300 North Ridge Road, Richmond, VA 23229
VSB No. 02-033-2910
On June 8, 2004, the
Virginia State Bar Third District Committee,
Section III, imposed a public reprimand with
terms on Kenneth Hammond Taylor. The
committee found that Mr. Taylor engaged in
professional conduct involving dishonesty,
fraud, deceit, or misrepresentation with regard
to client billing statements.
go
to opinion (posted 7/1/04)
June 8, 2004
Jeffrey G. Haverson, Suite B3, 154 Newtown Road, Virginia Beach, VA 23462-2412
VSB Docket No. 02-021-2643
On June 4 , 2004, by agreed disposition, a subcommittee of the Virginia State Bar Second District Committee, Section I, imposed an admonition with terms on Jeffrey G. Haverson for failing to keep his clients reasonably informed about the status of a chiropractor's lien against personal injury proceeds. The chiropractor filed suit to enforce the lien against Mr. Haverson and eventually against the clients. After a lengthy dispute, Mr. Haverson settled the litigation without advising one of the clients. The subcommittee required Mr. Haverson to consult with the Virginia State Bar risk manager regarding procedures for handling healthcare provider liens and communicating with clients.
go to opinion (posted 6/23/04)
June 4, 2004
William P. Robinson Jr., 256 West Freemason Street, Norfolk, Virginia 23510
VSB Docket Nos. 02-022-1770, 02-022-2469, 02-022-3024, 03-022-1301 and 03-022-3474; Norfolk Circuit Court Case No. CL04-21
On June 4, 2004, a three-judge panel suspended William P. Robinson's license to practice law for 30 days. In several cases, the panel found that Mr. Robinson engaged in misconduct reflecting lack of competency, lack of diligence and promptness, and failure to keep his clients reasonably informed. The panel also found that in one case Mr. Robinson made a misrepresentation reflecting adversely on his honesty, trustworthiness and fitness to practice law. Over the bar's objection, the suspension will take effect on December 1, 2004. The panel also required Mr. Robinson, by December 30, 2004, to hire an office management consultant and directed that the bar approve any proposed procedures for case management or client communication.
go to opinion (posted 8/10/04)
May 21, 2004
James Kevin Clarke, 1325 Greycourt Avenue, Richmond, Virginia 23227
VSB Docket No. 03-031-1625
On May 21, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board imposed a public reprimand with terms on James Kevin Clarke for neglecting a client matter, failing to communicate with the client, not complying with trust account record keeping requirements, and failing to return his client's file after being requested to do so. The terms imposed, among other things, require Mr. Clarke to certify in writing by July 1, 2004, that the has put in place a trust account record keeping system.
go to opinion (posted 5/28/04)
May 24, 2004
* ** *** ****
***** ******
*******
Jeffrey Bourke Rice, 10521 Judicial Drive, Suite 307, Fairfax, Virginia 22030
VSB Docket No. 02-052-0197
On May 21, 2004, the Virginia State Bar Disciplinary Board suspended Jeffrey Bourke Rice's
license for one year. The suspension was initially imposed on March 28, 2003, but was stayed pending Mr. Rice's appeal to the Virginia Supreme Court.
go to opinion (pdf posted 2/10/05)
For further information go to summary of March 28, 2003, action.
*On June 10,
2004, the
Virginia Supreme
Court stayed the
suspension
pending appeal.
**On July 23,
2004, Mr. Rice
filed an appeal
to the Virginia
Supreme Court.
***On January
28, 2005, the
Virginia Supreme
Court affirmed
the order of the
Virginia State
Bar Disciplinary
Board. The
Disciplinary
Board suspended
Mr. Rice's
license to
practice law for
one year
effective
February 7,
2005.
****On
February 28,
2005, Mr.
Rice filed a
petition for
reconsideration
with the
Virginia
Supreme
Court.
*****On
May 16, 2005
Mr. Rice
filed a
motion with
the Virginia
Supreme
Court asking
them to
defer action
on the
sanction.
******On
June 9, 2005
the Virginia
Supreme
Court denied
the motion.
*******On
June 16,
2005 the
Disciplinary
Board
suspended
Mr. Rice's
license to
practice law
for one
year.
go to opinion (pdf posted 2/10/05)
May 19, 2004
Jeffrey Fredericks Bradley, 510 East Market Street, Harrisonburg, Virginia 22802
VSB Docket No. 03-070-2629
On May 12, 2004, the Virginia State Bar Seventh District Committee issued an admonition with terms to Jeffrey Fredericks Bradley for violating the rule requiring an attorney to act diligently and promptly. Mr. Bradley's client was convicted of a probation violation, and he was appointed to represent her on the appeal. He noted the appeal but failed to perfect it.
go to opinion (posted 6/1/04)
May 19, 2004
Frederick Lockhart Caldwell, Sr., Law Offices, 1720 Legare Lane, Virginia Beach, Virginia 23464-7008
VSB Docket No. 04-021-2282
On May 18, 2004, the Virginia State Bar Disciplinary Board suspended Frederick Lockhart Caldwell, Sr.'s license to practice law for failure to respond to a bar subpoena duces tecum.
May 19, 2004
Tina Maria McMillian, McMillan & Lang, P.C., 10519 West Drive, Fairfax, Virginia 22030
VSB Docket No. 03-051-1875
On May 18, 2004, the Virginia State Bar Disciplinary Board revoked Tina Maria McMillan's license to practice law. She consented to the revocation to avoid a hearing on misconduct charges. Ms. McMillan abandoned her law practice without notice to her clients and without taking steps necessary to protect them. At the time, she was the liquidating agent in a Chapter 11 bankruptcy and had paid herself fees from the assets of the estate without the court's permission, supporting documentation, or notice to the creditors. The bankruptcy court ordered her to repay the fees, but she has not done so.
go to consent to revocation (posted 5/20/04)
May 14, 2004
Robert Edwin Walker, Jr., 217 West Broad Street, Richmond, VA 23220
VSB Docket No. 03-033-2841
On May 11, 2004, a panel of the Virginia State Bar Third District Committee, Section III, dismissed charges of misconduct against Robert Edwin Walker, Jr.
May 14, 2004
Joseph Samuel Massie, III, 116 North 3rd Street, Suite 300, Richmond, VA 23219
VSB Docket No. 03-033-2646
On May 11, 2004, a panel of the Virginia State Bar Third District Committee, Section III, dismissed charges of misconduct against Joseph Samuel Massie, III.
May 14, 2004
Margaret Ellen Hyland, 2 Lockhart Circle, Fredericksburg, VA 22401
VSB Docket Nos. 01-060-2781, 01-060-2847, 01-060-2851, 03-060-0701, 03-060-1148, 03-060-1631, 03-060-1657, 03-060-1787, 03-060-1812, 03-060-2378, 03-060-2194, 03-060-2715, 03-060-3034, 03-060-3888, 04-060-0638
On May 11, 2004, by agreement, the Virginia State Bar Disciplinary Board suspended Margaret Ellen Hyland's license to practice law based on a disability. The suspension will remain in place until further order of the board. If the disability suspension is lifted, Ms. Hyland will be subject to disciplinary action for prior misconduct.
go to opinion (posted 5/20/04)
May 14, 2004
Scot Peter George Cowan, 770 Dickinson Street, Memphis, TN 38107
VSB Docket No. 01-041-0082
On May 12, 2004, the Virginia State Bar Fourth District Committee, Section I, imposed a public admonition to Scot Peter George Cowan. The committee found that Mr. Cowan did not obtain leave of court to withdraw from his client's bankruptcy matter and that he did not take reasonable steps to protect his client's interests upon the termination of representation.
go to opinion (posted 5/25/04)
May 12, 2004
Timothy Warren Snyder, 6425 Deepford Street, Springfield, VA 22150-1218
VSB Docket No. 03-053-1233
On May 11, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board suspended Timothy Warren Snyder's license to practice law for six months. The board found that in representing a client in a civil assault and battery claim, Mr. Snyder failed to provide competent representation; failed to act with diligence; intentionally prejudiced his client; intentionally failed to carry out a contract for legal services; failed to communicate with his client; and failed to protect his client's interests upon termination of the representation.
go to opinion (posted 5/13/04)
May 3, 2004
Tracey Alma Lenox, Esq., Tracey A. Lenox, Esq., PC, 4311-A Ridgewood Center Drive, Woodbridge, VA 22192
VSB Docket No. 03-053-1207
On April 30, 2004, pursuant to an agreed disposition, a subcommittee of the Virginia State Bar Fifth District Committee, Section III, issued a public reprimand with terms to Tracey Alma Lenox. Among other things, the subcommittee found that Ms. Lenox failed to communicate with her client and diligently attend to her personal injury claim; permitted her client's file to be closed before a settlement check was processed; and failed to make reasonable efforts to ensure that other lawyers in her firm were observing the Rules of Professional Conduct. Ms. Lenox made voluntary restitution to her client after the bar complaint was filed. The subcommittee directed Ms. Lenox to attend 12 hours of continuing legal education in legal ethics.
go to opinion (posted 5/3/04)
April 27, 2004
George Epperson Price, P. O. Box 1097, Abingdon, VA 24212
VSB Docket #04-000-3015
On April 26, 2004, the Virginia State Bar Disciplinary Board suspended George Epperson Price's license to practice law based upon evidence and the parties' agreement that Mr. Price is presently suffering from a disability. The Board also generally continued all cases currently pending against Mr. Price. The suspension will remain in place until further order of the Board.
go to opinion (posted 4/28/04)
April 23, 2004
Sam Garrison, 543 Allison Avenue, SW, P.O. Box 45, Roanoke, Virginia 24002-0045
VSB Docket No. 02-080-3027
On April 23, 2004, following a hearing, the Disciplinary Board revoked Sam Garrison's licence to practice law in Virginia. The revocation stems from Mr. Garrison obtaining $6,728.84 from Wachovia Bank in December 2000 through a check kiting scheme. At the hearing, Mr. Garrison admitted that he had kited checks on other occasions when his financial position was poor.
go to opinion (posted 5/13/04)
April 22, 2004
Robert Edward Howard, 2207 Fort Ward Place, Alexandria, VA 22304.
VSB Docket No. 99-042-0950
On April 19, 2004, pursuant to an agreed disposition, the Virginia State Bar Disciplinary Board, issued a public reprimand with terms to Robert Edward Howard.
Among other things, the board found that Mr. Howard failed to promptly disburse the proceeds of a personal injury settlement and failed for years to detect the presence of un-disbursed settlement proceeds on deposit in his attorney trust account. The board ordered Mr. Howard to engage a law office management consultant to review his trust account record-keeping, accounting, and reconciliation procedures and to take any required measures to comply with Rule 1.15 of the Rules of Professional Conduct. Should he fail to do so, his license to practice law in Virginia will be suspended for a period of one year.
go to opinion (posted 4/22/04)
April
15,
2004
Harrison
Benjamin
Wilson,
III,
Hill, Tucker, Marsh & Jackson, P.L.L.C., Suite 201, 600 East Broad Street, Richmond, VA 23219
VSB
Docket
Nos.
01-032-2016,
02-032-0589,
02-032-1013,
02-032-1803,
02-032-3683,
02-032-3891,
02-032-3931,
03-032-1190
and
03-032-1810
On
April
8, 2004,
the
Virginia
State
Bar
Disciplinary
Board
imposed
an additional
suspension
with
terms
on Harrison
Benjamin
Wilson,
III's
license
to practice
law.
This
was
an agreed
disposition
of nine
disciplinary
cases
resulting
from
Mr.
Wilson's
handling
of litigation.
The
cases
involved
violations
of disciplinary
rules
relating
to competence,
diligence,
communication
and
failure
to honor
discovery
requests.
The
terms
imposed
which
apply
for
five
years
prohibit
Mr.
Wilson
from:
practicing
law
as a
solo
practitioner;
practicing
law
without
full-time
direct
supervision
of another
Virginia
lawyer;
and
having
direct
access
to or
responsibility
for
a trust
or other
fiduciary
account.
Mr.
Wilson
is also
required
to pay
clients
all
outstanding
sums
owed
and
unearned
fees
in the
instant
cases
as well
as in
the
cases
covered
by two
prior
circuit
court
trials
by January
1, 2005.
Mr.
Wilson
must
also
maintain
professional
liability
insurance
during
all
times
while
he practices
law.
Proven
failure
to fulfill
the
terms
will
result
in the
revocation
of Mr.
Wilson's
license.
go to opinion (posted 4/22/04)
April
13,
2004
Bradford
Clark
Jacob,
P. O.
Box
2527,
Midlothian,
VA 23113
VSB
Docket
No.
03-032-4018
On
April
9, 2004,
the
Virginia
State
Bar
Third
District
Committee,
Section
II,
imposed
a public
reprimand
with
terms
on Bradford
Clark
Jacob.
The
misconduct
charges
arose
out
of a
matter
in which
Mr.
Jacob
was
convicted
of two
misdemeanors
(deliberately
wrongful
acts)
and
engaged
in professional
conduct
involving
dishonesty,
deceit
and
misrepresentation.
In addition,
the
district
committee
found
that
Mr.
Jacob
was
untruthful
with
the
Virginia
State
Bar
and
failed
to disclose
the
information
necessary
to correct
the
misunderstanding
he knew
to have
arisen.
go
to opinion
(posted
7/1/04)
April
6,
2004
Francis
Gerard
McBride,
The
Mosby
Building,
10560
Main
St.,
Suite
514,
Fairfax,
VA
22030-7182
VSB
Docket
Numbers
02-051-3103,
03-051-2905,
03-051-2906
and
03-051-3541
On
March
19,
2004,
Francis
Gerard
McBride
consented
to
the
revocation
of
his
license
to
practice
law
in
the
Commonwealth
of
Virginia,
effective
April
2,
2004.
He
repeatedly
failed
to
communicate
with
clients,
missed
dates
for
filing
estate
accountings,
failed
to
return
files,
lied
to
clients
about
the
status
of
their
cases,
placed
unearned
fees
in
his
operating
account,
and
failed
to
respond
to
bar
subpoenae.
go
to
consent
to
revocation
pdf*
(posted
4/6/04)
April
1, 2004* **
*** ****
*****
Thomas
K. Plofchan,
46308
Cranston
Street,
Sterling,
Virginia
20165-5772
VSB
Docket
No.
02-070-0225
On
March
10,
2004,
the
Virginia
State
Bar
Seventh
District
Committee,
imposed
a public
reprimand
on Thomas
K. Plofchan
for
violations
of the
Rules
of Professional
Conduct.
In appealing
a bankruptcy
court
decision
to the
Unites
States
District
Court,
Mr.
Plofcan
alleged:
1) that
the
bankruptcy
judge
rendered
a decision
without
regard
to the
evidence
because
of his
friendship
with
counsel
for
one
of the
parties
and;
2) that
the
judge
permitted
ex-parte
communications.
The
district
court
judge
found
that
the
party
had
never
been
a friend
of the
bankruptcy
judge,
that
there
was
no ex-parte
communication,
and
that
the
appeal
was
frivolous.
go
to opinion
pdf*
(posted
4/2/04)
*On
April
2, 2004,
Mr.
Plofchan
filed
an appeal
and
demanded
that
further
proceedings
be conducted
in circuit
court. Therefore,
the
public
reprimand
is stayed
pending
appeal.
**On October 25, 2004 a three-judge court in the Circuit Court for the County of Loudoun reversed the decision of the Seventh District Committee and remanded the case for further proceedings in keeping with its opinion.
***On
March
15,
2005,
a
three-judge
panel
in the
Circuit
Court
for
Loudon
County
dismissed
all
charges
against
Thomas
K.
Plofchan,
Jr. on
the
ground
that
the
proceeding
was
barred
by a
two
year
statute
of
limitations.
****On
March
18,
2005,
the
Virginia
State
Bar
filed
a
petition
for
reconsideration
with
the
Loudoun
County
Circuit
Court.
*****On
March
28,
2005
the
three
judge
panel
denied
the
motion
for
reconsideration.
March 31, 2004
Neil
Edward
Motter,
P.O.
Box
132,
Brandy
Station,
VA
22714-0132
VSB Docket No. 01-070-2416
On
March
24,
2004,
pursuant
to an
agreed
disposition,
a subcommittee
of the
Virginia
State
Bar’s
Seventh
District
Committee
issued
an admonition
with
terms
to Neil
Edward
Motter.
Mr.
Motter
did
not
return
the
file
to a
client
in a
criminal
matter
despite
numerous
requests
from
the
client
and
the
Virginia
State
Bar.
The
client
wanted
his
file
in order
to pursue
post-conviction
remedies.
go to opinion pdf* (posted 5/5/04)
March
31, 2004
James
Grafton
Gore,
Jr., 8105
Willboyd
Court,
Marshall,
VA 20115
VSB
Docket
No. 02-053-1838
On
March
31, 2004,
2004,
the Virginia
State
Bar Disciplinary
Board
revoked
James
Grafton
Gore,
Jr.’s
license
to practice
law in
Virginia.
Mr. Gore
consented
to the
revocation
in order
to avoid
a hearing
on misconduct
charges.
Mr. Gore
collected
sales
taxes
from customers
of a restaurant
that his
corporation
operated
in the
District
of Columbia
but failed
to pay
all the
taxes
he collected
to the
District
of Columbia
and to
file timely
tax returns.
In December
2001,
he pled
guilty
to a related
crime.
In June
and July,
2001,
twelve
checks,
totaling
over $150,000.00,
that he
submitted
in payment
of sales
taxes
were returned
for insufficient
funds.
go
to consent
to revocation
pdf*
(posted
3/31/04)
March
26, 2004
Roger
Cory Hinde,
Suite 101,
5002 Monument
Avenue,
Richmond,
VA
23230
VSB
Docket No.
04-000-2442
On
March 26,
2004, the
Virginia
State Bar
Disciplinary
Board revoked
Roger
Cory Hinde's
license
for failure
to notify
clients
that his
license
was suspended
for four
years effective
December
11, 2003,
and to make
appropriate
arrangements
for the
disposition
of client
matters
in accordance
with their
wishes.
go
to opinion
pdf*
(posted
4/7/04)
March
26, 2004
Killis
Thurman Howard,
P.O. Box 99,
Lynchburg,
VA 24505-0099
VSB
Docket No.
03-090-0468
On March 26,
2004, the
Virginia State
Bar Disciplinary
Board suspended
Killis Thurman
Howard's law
license for
90 days, effective
April 21,
2004. The
board accepted
an agreed
disposition
finding that
Mr. Howard
had violated
conflicts
of interest
rules by engaging
in an intimate
relationship
with a divorce
client. Contrary
to the complaint's
claims, Mr.
Howard contended
that he did
not engage
in the improper
relationship
until after
he terminated
his attorney-client
relationship
with the client.
go
to opinion
pdf*
(posted 4/7/04)
March
23, 2004
Dianne
Theresa Carter
Suite
404, 606 Denbigh
Boulevard,
Newport News,
Virginia 23608
VSB
Docket No.
02-010-2333,
02-010-2654,
03-010-0106,
03-010-0843,
03-010-1610,
and 04-000-2077
On
March 18,
2004, Dianne
Theresa Carter
consented
to the revocation
of her license
to practice
law. At the
time, disciplinary
charges were
pending against
Ms Carter
for failing
to timely
attend to
fiduciary
obligations
in an estate
matter; failing
to deposit
client fees
into a trust
account; failing
to attend
to two divorce
cases, one
custody case,
and a criminal
appeal; and
failing to
notify her
active clients
about the
September
2003 suspension
of her license.
The effective
date of the
revocation
is March 23,
2004.
go
to consent
to revocation
pdf*
(posted 3/26/04)
March
19, 2004
Steven
Edgar Bennett,
487 McLaws Circle,
Suite 3, Williamsburg,
Virginia 23195
VSB
Docket Nos.
04-060-1381,
04-060-1660,
04-060-1932,
04-060-1386,
04-060-1811,
04-060-1632
and 04-060-1931
On
March 17, 2004,
the Virginia
State Bar Disciplinary
Board suspended
Steven Edgar
Bennett's license
to practice
law for failure
to respond to
a bar subpoena
duces tecum.
March
12, 2004
Michael
Meade Palmer,
Suite 23, 87
Lee Highway,
Warrenton, VA
20186
VSB
Docket No. 02-070-3520
On
March 9, 2004,
Michael Meade
Palmer consented
to the revocation
of his license
to practice
law. At the
time of the
revocation,
disciplinary
charges were
pending against
Mr. Palmer.
He was hired
to represent
a client in
a landlord tenant
dispute, but
he did not complete
the discovery
or appear at
the trial. His
client represented
herself at trial
and did not
prevail. Mr.
Palmer stated
that he was
suffering from
mental health
and alcohol
problems that
caused him to
close his office
and leave the
practice of
law.
go
to consent to
revocation
(posted
3/16/04)
March
8, 2004*
Jerry
Wayne Harris, Route
4, Box 149, Lexington,
VA 24450
VSB
Docket No. 04-000-2367
Effective
March 5, 2004, the
Virginia State Bar
Disciplinary Board
summarily suspended
Jerry Wayne Harris'
license to practice
law in Virginia.
The suspension is
based on Mr. Harris'
guilty plea, entered
on February 17,
2004, to forcible
sodomy, aggravated
sexual battery,
taking indecent
liberties with a
child in a custodial
or supervisory relationship,
and unlawful possession
of child pornography.
The board ordered
Mr. Harris to appear
before it on March
26, 2004, to determine
whether revocation
or further suspension
is appropriate.
*On
March 19, 2004,
Jerry Wayne Harris
consented to the
revocation of his
license to practice
law in Virginia.
On February 17,
2004, Mr. Harris
pled guilty in the
Rockbridge County
Circuit Court to
forcible sodomy,
aggravated sexual
battery, taking
indecent liberties
with a child in
a custodial or supervisory
relationship, and
unlawful possession
of child pornography.
March
8, 2004
Peter John
LaMarca, IV , 1406
Winchester Street,
Fredericksburg,
Virginia 22401-3653
VSB Docket No. 02-060-2653
Effective March
1, 2004, the Virginia
State Bar Disciplinary
Board suspended
Peter John LaMarca's
license to practice
law for four years
for misconduct in
handling a wrongful
death case. The
board found that
Mr. LaMarca violated
disciplinary rules
relating to diligence,
zealous representation
of clients, communication
with clients, and
termination of the
attorney-client
relationship. This
was an agreed disposition
of the charges against
Mr. LaMarca.
go
to opinion (posted
3/8/04)
March
5, 2004
Mary
Meade, Law Offices
of Mary Meade, 2010
Corporate Ridge,
Suite 700, McLean,
VA 22102-7838
VSB
Docket Nos. 02-052-1241,
02-052-3877, and
03-052-0062
On
February 27, 2004,
the Virginia State
Bar Disciplinary
Board suspended
Mary Meade's
license to practice
law for four months
for misconduct in
two matters. The
board also issued
a reprimand to Ms.
Meade for misconduct
in another matter.
The board found
that she made false
statements to the
court and to opposing
counsel and committed
deliberately wrongful
acts.
go
to opinion 3877
(posted
3/8/04)
go
to opinion 1241
(PDF
posted 3/9/04)*
March
3, 2004*
William
Mark Russell, Esq.,
5926 Annaberg Place,
Burke, VA 22015-2851
VSB
Docket No. 04-000-2446
Effective
February 27, 2004,
the Virginia State
Bar Disciplinary Board
summarily suspended
William Mark Russell's
license to practice
law in Virginia. The
action was based on
a one year suspension,
with reinstatement
conditions, of Mr.
Russell's license
to practice law in
Tennessee. In Tennessee,
Mr. Russell was found
to have violated numerous
provisions of the
Code of Professional
Responsibility arising
from his failure to
attend scheduled court
hearings, failure
to respond to bar
complaints, and his
neglect of client
matters. The board
ordered Mr. Russell
to appear before it
on March 26, 2004,
to show cause why
the same discipline
that was imposed in
Tennessee should not
be imposed in Virginia.
*The
Virginia State Bar
Disciplinary Board
suspended William
Mark Russell's license
to practice law
in Virginia for
one year starting
October 1, 2003
and continuing until
Mr. Russell provides
proof of his reinstatement
as a Tennessee attorney.
March
3, 2004
Eric Chong Yim, 7345
McWhorter Place, Suite
111, Annandale, VA
22003
VSB Docket Number
04-052-1007
On February 25, 2004,
Eric Chong Yim
consented to the revocation
of his license to
practice law in Virginia.
On December 23, 2003,
in the United States
District Court for
the, Eastern District
of Virginia, Mr. Yim,
pled guilty to a violation
of 18 USC § 894(a)(1)
and (2), a felony,
involving the use
of violence and other
criminal means to
collect a debt.
go
to consent to revocation
(posted
3/3/04)
March
1, 2004
Elliott
M. Schlosser, 47 West
Queen's Way, Hampton,
Virginia 23669
VSB
Docket No. 01-010-1990
On
February 27, 2004,
the Virginia State
Bar Disciplinary Board
issued a public reprimand
to Elliot M. Schlosser.
The board found that
Mr. Schlosser improperly
delegated signature
authority on a number
of bankruptcy petitions
to a non-lawyer member
of his staff. It also
found that he committed
a wrongful act reflecting
adversely on his fitness
to practice law when
he was convicted of
contempt of court
for failure to appear
on a stalking charge
brought by his former
spouse.
go
to opinion pdf*
(posted 4/7/04)
Pursuant
to Supreme Court Rule
Paragraph 13J(6),
public reprimands
are stayed during
the appeal period.
The reprimand will
be issued 30 days
from the date of the
memorandum order unless
an appeal is noted.
February
27, 2004
Lawrence
Raymond Morton, 12720
Directors Loop,
Woodbridge, Virginia
22192
VSB
Docket No. 03-053-0871
and 03-000-2094
On
February 24, 2004, pursuant
to an agreed disposition,
the Virginia State Bar
Disciplinary Board suspended
Lawrence Raymond Morton's
license to practice
law for a period of
two years, beginning
April 1, 2004. The board
found that Mr. Morton
practiced law while
his license was suspended
for ethical misconduct,
failed to notify his
clients and others of
the prior license suspension,
and failed to respond
to a bar complaint.
go
to opinion (posted
3/1/04)
February
20, 2004
John
Ashton Wray, Jr., 10-B
West Queen's Way, Hampton,
Virginia 23669
VSB
Docket No. 01-010-2860
On
February 19, 2004, pursuant
to an agreed disposition,
the Virginia State Bar
Disciplinary Board issued
a public reprimand with
terms to John Ashton Wray,
Jr. The case concerned
Mr. Wray's plea of guilty
to a one-count criminal
information charging him
with failing to pay income
tax, a misdemeanor. Mr.
Wray will remain on disciplinary
probation for two years.
During that time, he must
continue to pay restitution
to the Internal Revenue
Service and commit no
violations of the Virginia
Rules of Professional
Conduct. Failure to comply
with any of these terms
will result in the suspension
of his law license for
a period of six months.
go
to opinion (posted
3/5/04)
February
20, 2004
Edgar
Hampton DeHart, Jr., 3 Foxfire
Lane, Independence, VA 24348
VSB
Docket No. 03-101-0706
On
February 17, 2004, the Virginia
State Bar Tenth District
Committee, Section I, issued
a public reprimand to Edgar
Hampton DeHart, Jr. for
violations of the Rules
of Professional Conduct.
The committee found that
Mr. DeHart engaged in misconduct
by failing to draft and
file an equitable distribution
order, as he had promised,
and by falsely representing
to his client that he had
sent the order to opposing
counsel and the judge. The
committee also found that
Mr.
DeHart did not return numerous
telephone calls from his
client.
go
to opinion (PDF
posted 3/9/04)*
February
17, 2004
Robert Charles Neely Jr., 256 West Freemason Street, Norfolk, Virginia 23510
VSB
Docket No. 03-021-3256
On
February 12, 2004, a panel
of the Virginia State Bar
Second District Committee,
Section I, issued an admonition
with terms to Robert Charles
Neeley, Jr., for failing to
note an appeal of his client's
conviction after he was appointed
to do so and for failing to
advise his client about the
appeal. The panel ordered
Mr. Neeley to retain the Virginia
State Bar's risk manager to
evaluate his law office procedures
and to implement the risk
manager's recommendations.
go
to opinion (PDF
posted 3/9/04)*
February
17, 2004
Wilber
Thurston Harville, One
Columbus Center, Suite 600,
Virginia Beach, Virginia 23462
VSB
Docket No. 03-021-0331
On
February 12, 2004, a panel of
the Virginia State Bar Second
District Committee, Section I,
dismissed charges of misconduct
against Wilber Thurston Harville.
go
to opinion (PDF
posted 3/9/04)*
February 13, 2004
Ronald
Albert Robinson, Jr., Esquire,
P.O. Box 4987, Woodbridge, VA 22194-4987
VSB
Docket Number 02-052-3288 and
03-052-1294
On January 20, 2004, the Fifth District, Section II, imposed a public reprimand with terms and an admonition with terms to Ronald Albert Robinson, Jr. for misconduct in two matters.
The
committee issued a public reprimand
with terms for failing to handle
a bankruptcy case competently and
diligently and for failing to keep
his clients informed. Mr. Robinson's
clients eventually had to hire another
attorney to conclude the bankruptcy.
The committee ordered Mr. Robinson
to reimburse the clients for the
expense of hiring the second attorney.
The
committee issued an admonition
with terms to Mr. Robinson for
violating Rules of Professional
Conduct relating to diligence,
client communication, and attorney's
fees in a child custody matter.
Mr. Robinson was hired to seek
modification of a visitation order.
He did not appear at several hearings
and required his client to hire
other counsel for one hearing.
Mr. Robinson had no billing system
and could not provide his client
with an itemized bill.
go
to opinion 3288 (posted
2/20/04)
go
to opinion 1294 (posted
2/20/04)
February
13, 2004
Christian
Jarrell Griffin, 203 East Boscawen
Street, Winchester, VA 22601
VSB
Docket Nos. 02-070-1142,
02-070-3507 and
03-070-2941
On February 12, 2004, the Virginia
State Bar Disciplinary Board issued
a public reprimand with terms to
Christian Jarrell Griffin for violating
the Rule of Professional Conduct
governing trust accounts. The board
found that, for at least two and
a half years, Mr. Griffin did not
have a separate fiduciary account
and commingled operating, personal,
and trust funds in one bank account.
This was an agreed disposition of
the charges against Mr. Griffin.
go
to opinion (posted
2/19/04)
February
12, 2004
Judith
MacLachlan Herndon, P.O. Box 6074,
Charlottesville, VA 22906
VSB
Docket No. 03-070-0771
On
February 9, 2004, Judith MacLachlan
Herndon consented to the revocation
of her license to practice law.
At the time of the revocation, there
were disciplinary charges pending
against Ms Herndon for closing her
law practice without notifying her
client, opposing counsel, or the
court, and for abandoning her client's
case.
go
to opinion (posted
2/12/04)
go
to statement of facts (posted
2/12/04)
February
12, 2004
Roger
Jeffrey McDonald, 4335 Cox Road,
Glen Allen, VA 23060
VSB
Docket #01-000-0634
On
February 10, 2004, the Virginia
State Bar Disciplinary Board imposed
a $5,000.00 penalty on Roger Jeffrey
McDonald for violations of the Consumer
Real Estate Settlement Protection
Act [CRESPA]. Mr. McDonald acted
as the settlement agent in 158 residential
real estate closings during a six-month
period in which he was not registered
with the Virginia State Bar. His
registration as a settlement agent
had been closed because of the cancellation
of his surety bond. This was an
agreed disposition of the charges
against Mr. McDonald.
go
to opinion (posted
2/19/04)
February
11, 2004
David
Albert Powers, III, P.O. Box 116,
Chesterfield, Virginia 23832-0116
VSB
Docket No. 03-033-1314
On February 10, 2004, the Virginia State Bar Third
District Committee, Section III, issued
a public reprimand with terms to David
Albert Powers, III. The committee found that Mr. Powers failed
to provide competent and diligent
representation, failed to keep his
client informed about the status of
his appeal, and failed to promptly
comply with his client's requests
for information. In addition, the
committee found that Mr. Powers made
false statements to the Virginia Court
of Appeals and to the Virginia State
Bar.
go
to opinion (posted
3/12/04)
January
28, 2004
Joel
Atlas Skirble, 6316 Castle Place, Suite
300, Falls Church, VA
22044
VSB
Docket No. 00-053-2925
On
January 21, 2004, a three-judge court
ordered the imposition of an admonition
with terms on Joel Atlas Skirble. This was an agreed disposition of misconduct charges
that resulted from Mr. Skirble's handling
of a personal injury claim. Among other
violations of the Virginia Code of Professional
Responsibility, the three-judge circuit
court found that Mr. Skirble failed
to keep his client reasonably informed
and failed to carry out his contract
of employment with his client. The terms
of Mr. Skirble's discipline require
that he attend continuing legal education
programs in ethics and that he engage
a law office management consultant.
go
to opinion (posted
1/29/04)
January
23, 2004 * **
Robert
Dean Eisen, 125 St. Paul's Boulevard,
Suite 503, Norfolk, Virginia 23510
VSB
Docket Nos. 01-022-0845, 01-022-1356,
01-022-2414, 02-022-1800, 02-022-2844
and 02-022-4096
On
January 22, 2004, the Virginia State Bar
Disciplinary Board revoked Robert Dean
Eisen's license to practice law. The board
found that Mr. Eisen was out of trust
in regard to two clients, converted client
funds, failed to appropriately deposit
or maintain advance fee payments for several
clients, neglected client matters, failed
to communicate with clients and failed
to keep appropriate account records. The
board rejected the assertion that the
misconduct was related to a disability
Mr. Eisen suffered in November of 2002.
go
to opinion (PDF posted
3/9/04)*
*On April 7, 2004, Mr. Eisen filed an appeal to the Supreme Court of Virginia.
**On June 24, 2004, the Virginia Supreme
Court dismissed the appeal filed by Mr.
Eisen.
January
14, 2004
Kelly Ralston Dennis, 6723 Whittier Avenue,
Suite 302, McLean, VA 22101
VSB Docket No. 02-051-0752
On January 7, 2004, a subcommittee of
the Virginia State Bar Fifth District
Committee, Section I, issued a public
reprimand with terms to Kelly Ralston
Dennis. Mr. Dennis was dismissed
by clients he represented in an estate
matter. The clients requested an
itemized bill and a refund of unearned
fees. Mr. Dennis was unable to provide
either. In response to a subpoena from
the Virginia State Bar, Mr. Dennis admitted
that he had no trust account records for
the case because he had deposited the
fee into his operating account and that
he could not provide an itemized bill
because he kept his time records on the
cover of the file, which had been returned
to the clients. This was an agreed disposition
of misconduct charges against Mr. Dennis.
go
to opinion (posted
1/15/04)
January
14, 2004
Kenneth Hammond Taylor, 1844 Timberly
Waye, Richmond, VA 23233
VSB Docket No. 03-033-2774
On January 13, 2004, the Third District
Committee, Section III, issued a public
reprimand with terms to Kenneth Hammond
Taylor. Mr. Taylor did not complete
an ERISA matter and did not return the
unearned retainer due his client.
The committee found that Mr. Taylor did
not act with reasonable diligence and
promptness or provide the thoroughness
and preparation necessary for competent
representation. The committee also
found that Mr. Taylor took no steps to
protect his client's interests.
go
to opinion (posted
2/11/04)
January
9, 2004
Edith
Charmaine Gray, 10719 Maple Street, Fairfax,
VA 22030
VSB
Docket Nos. 02-052-2811 and 02-052-2877
On
January 6, 2004, by agreed disposition,
the Virginia State Bar Disciplinary Board
issued a public reprimand with terms to
Edith Charmaine Gray. As a agent
for Lender's Services, Inc., Ms Gray received
approximately 70 residential loans closings
in a three week period. She had no staff
and was unable to handle the volume of
work. She attempted to close 34 of the
loans but was late in disbursing funds.
Lender's Services Inc. and the title insurance
company retrieved the files and either
completed the closings or transferred
the files to another attorney.
go
to opinion (posted
1/9/04)
Disciplinary
Actions January 2002 - June 2002
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Actions January 2001 - June 2001
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Actions July 2000 - December 2000
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Actions January 2000 - June 2000
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Actions January 22, 1999 - June 1999
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