June 30, 2006
Bruce Patrick Ganey, 10985 Richardson Road, P.O. Box
6006, Ashland, VA 23005
VSB Docket No. 02-060-2490
On December 8, 2005, a three-judge panel sitting in
Hanover County Circuit Court affirmed the prior decision
of the Virginia State Bar Sixth District Committee to
publicly reprimand Bruce Patrick Ganey for
ethical violations arising from his work as a special
commissioner in a partition suit in Hanover County. The
court affirmed that Mr. Ganey failed to handle the
matter diligently, failed to communicate and charged an
unreasonable fee. The court dismissed one charge of
misconduct for lack of evidence. Mr. Ganey filed a
notice of appeal to the Supreme Court of Virginia but
the appeal was dismissed upon his failure to file a
petition for appeal.
link to previous Ganey summaries
June 28, 2006
Aleasa Dawn Leonard,Office of Public Defender, 2425
George Mason Drive, P.O. Box 6160, Virginia Beach, VA
23456
VSB Docket Numbers: 05-022-1248, 05-022-1253,
05-022-1255, 05-022-1263, 05-022-2415, 05-022-2414,
05-022-1983, 05-022-1249, 05-022-1256
On June 27, 2006, the Virginia State Bar Second
District Committee, Section II, imposed a public
reprimand with terms on Aleasa Dawn Leonard for
defaulting on criminal appeals. Leonard repeatedly
missed appeal deadlines, causing the appeals to be
dismissed before they could be considered on their
merits. Leonard also failed to advise her clients of the
dismissals. The committee required Ms. Leonard to take
additional hours of continuing legal education in
appellate practice and legal ethics. This was an agreed
disposition of misconduct charges against Ms. Leonard.
go to determination (PDF posted 06/29/06)*
June 23, 2006
William Theodore Linka, Richmond Criminal Law, 7
South First Street, Richmond, Virginia 23219
VSB DOCKET NOS. 05-033-0959;
05-033-2226; 05-033-2295; 05-033-2296; 05-033-4238;
06-033-1513; 06-033-1737
On June 23, 2006, the Virginia State Bar Disciplinary
Board imposed a public reprimand with terms on
William Theodore Linka in seven cases of procedural
defaults in criminal appeals. Mr. Linka acknowledged the
truth of the charges. The terms require him to hire a
risk management consultant, purchase a docket control
program, work under supervision of all criminal appeals
for a ninety-day period and take additional continuing
legal education. This was an agreed disposition of
misconduct charges against Mr. Linka.
go to Linka order (PDF posted 07/12/06)*
June 22, 2006
Jeremy Clyde St. James Sharp, 710 North Hamilton
Street, Richmond, Virginia 23221
VSB Docket No. 06-033-3390
On June 19, 2006, the Virginia State Bar Disciplinary
Board revoked Jeremy Clyde St. James Sharp’s
license to practice law. Mr. Sharp acknowledged as
true federal charges in the Eastern District of Virginia
that he conspired to distribute marijuana in 2004 and
2005.
go to consent to revocation (PDF posted 06/22/06)*
June 20, 2006
Khalil Wali Latif, P.O. Box 5300, Midlothian,
Virginia 23112-0022
VSB Docket Nos. 04-031-3237, 05-031-0466,
05-031-3674, 05-031-0082,04-031-0899,
05-031-03226,06-000-0741,05-031-2868,05-031-4699
On June 16, 2006, the Virginia State Bar Disciplinary
Board suspended Khalil Wali Latif’s license to
practice law for one year & one day. The board found he
had committed misconduct by engaging in
misrepresentation, failing to represent his clients
diligently, failing to deposit client funds in a trust
account and properly maintain trust account records,
failing to return client funds and files, failing to
communicate with his clients, and failing to protect
clients’ interests when representation ended. Mr. Latif
currently is under a two-year suspension for other
misconduct. The new suspension will begin October 27,
2006. He will eligible for reinstatement on October 28,
2007. Mr. Latif is required to pay $3,350 in restitution
to three individuals by August 1, 2006. Before he may
resume private practice, he must complete six hours of
continuing legal education in ethics and trust account
management, and he must hire a law office management
consultant, follow the consultant’s advice, and pay the
consultant. If, he fails to comply with any terms, the
board may revoke his license. This was an agreed
disposition of misconduct charges against Mr. Latif.
go to final order (PDF posted 07/07/06)
June 20, 2006
Serguei Danilov, Suite 1020, 8350 Greensboro Drive,
McLean, VA 22102
VSB Docket No. 06-000-3896
The Virginia State Bar Disciplinary Board revoked
Serguei Danilov’s license to practice law, effective
June 20, 2006. Mr. Danilov consented to the revocation
after informing the Virginia State Bar that he had
pleaded guilty in United States District Court for the
District of Maryland, Northern Division, to one count of
conspiracy to commit immigration fraud, and that as part
of his plea agreement he agreed to surrender his license
to practice law in Virginia.
go to order (PDF posted 06/21/06)*
June 12, 2006
Theresa Brumback Berry, Esq., P.O. Box
9782, Virginia Beach, VA 23450
VSB Docket Nos. 05-022-3153, 05-022-3154,
05-022-2521, 05-022-3155,05-022-4414
On June 8, 2006, the Virginia State
Bar Disciplinary Board suspended Theresa Brumback
Berry’s law license for fifteen days, effective June
30, 2006. The board found that Ms. Berry violated rules
of competence and diligence in committing repeated
procedural errors that resulted in the appeals of five
criminal defendants being dismissed without the courts
considering the merits of the matters. This was an
agreed disposition of pending misconduct charges against
Ms. Berry.
go to Final Order (pdf posted 06/19/06)*
June 1, 2006
Denise Ann Maniscalco, The Maniscalco Law Firm, Suite 103, 1325 18 th Street, NW, Washington, DC 20036
VSB Docket Nos. 06-051-3426, 06-051-3224, 06-051-2961, 06-051-2397
On May 31, 2006, the Virginia State Bar Disciplinary Board revoked Denise Ann Maniscalco's license to practice law. The board suspended her license in November 2004, and she has not been eligible to practice since that time. Ms Maniscalco consented to the revocation and admitted charges in four pending disciplinary cases. The four cases arose from misconduct that occurred before her 2004 suspension, as well as misconduct while she was working as a paralegal after the suspension. The pending charges included stealing client and employer funds; signing her employer's name to an immigration appeal without his permission; accepting employment and fees in three immigration matters and never filing the necessary paperwork; and misrepresenting the status of the immigration matters to the clients.
go to Consent to Revocation (pdf posted 06/02/06)*
June 1, 2006
*
Darren Scott Haley, 5 Westin Street, Taylors, South Carolina 29687
VSB Docket No. 06-000-3730
On May 25, 2006, the Virginia State Bar Disciplinary Board suspended Darren Scott Haley's license to practice law in Virginia. The board's action was a response to the suspension of Mr. Haley's South Carolina license for thirty days by the Supreme Court of South Carolina because of ethical violations in nine matters. The misconduct included neglect, failure to communicate with clients, and signing a client's name to a legal document without the client's authorization. Mr. Haley was ordered to appear before the board on June 23, 2006, to show cause why the same discipline should not be imposed in Virginia.
*On June 23, 2006, the Virginia
State Bar Disciplinary Board suspended Mr. Haley's
license to practice law for thirty days effective May
25, 2006.
go to Haley Order (pdf posted 07/17/06)*
May 26, 2006
Arlene Lavinia Pripeton, Arlene Lyles Pripeton, P.C., Suite B, 10195 Main Street, Fairfax, Virginia 22031-3414
VSB Docket No. 05-053-3412
On May 23, 2006, the Virginia State Bar's Fifth District Committee, Section III, imposed a public reprimand with terms on Arlene Lavinia Pripeton. Ms. Pripeton was retained to secure payment of child support and to collect past-due support payments. Ms. Pripeton ceased any work on the client's matter after the client received one payment. Ms. Pripeton testified that she believed the client wished no further action, and that she eventually destroyed the client's file. The committee determined that Ms. Pripeton failed to act with diligence, failed to keep her client informed about the case, failed to protect her client's interests and furnish her client with file materials at the conclusion of the representation, and failed to respond to a bar complaint. Ms. Pripeton must refund the client's legal fee, hire a law-office management consultant and attend a continuing legal education program. If she fails to comply with the terms, her case will be referred to the VSB Disciplinary Board for possible suspension of her law license.
May 26, 2006
Arlene Lavinia Pripeton, Arlene Lyles Pripeton, P.C.,
Suite B, 10195 Main Street, Fairfax, Virginia 22031-3414
VSB Docket No. 05-053-2613
On May 23, 2006, the Virginia State Bar’s Fifth
District Committee, Section III, imposed a public
reprimand on Arlene Lavinia Pripeton. While
representing a client in a Child Protective Services
matter, Ms. Pripeton failed to act with diligence,
intentionally failed to carry out a contract with her
client for professional services, failed to keep her
client informed about his case, failed to deposit the
advanced legal fee in her trust account, failed to
account to her client regarding legal fees and to
promptly refund unearned fees, and failed to respond to
a bar complaint. This is an agreed disposition of
misconduct charges against Ms. Pripeton.
go to Pripeton order (pdf posted 06/09/06)*
May 19, 2006
James Kevin Clarke, Two North Fifth Street, Richmond, VA 23219-2218
VSB Docket No.
05-031-2388
On May 19, 2006, the Virginia State Bar Disciplinary Board, dismissed charges of misconduct against James Kevin Clarke for lack of clear and convincing evidence.
May 12, 2006
James Pearce Brice, Jr., Suite 217, 3500
Virginia Beach Boulevard, Virginia Beach, Virginia 23452
VSB Docket Nos. 05-021-1980, 05-021-3317, and
05-021-4863
On May 11, 2006, the Virginia State Bar Second
District Committee, Section I, imposed three public
admonitions with terms on James Pearce Brice Jr.
The committee found that Mr. Brice displayed a lack of
competence in a personal injury case and a lack of
competence and diligence in a court-appointed criminal
matter. It also found that he failed to respond to
Virginia State Bar complaints in two of the three cases.
go to Brice Determination (PDF posted 05/19/06)*
May 12, 2006
Jerry Carlos Lyell, Suite 210, 200A Monroe Street,
Rockville, MD 20850
VSB Docket No. 05-041-1667
On May 10, 2006, the Virginia State Bar's Fourth
District Committee, Section I, imposed a public
reprimand on Jerry Carlos Lyell for misconduct in
a court-appointed criminal defense case. Mr. Lyell
knowingly allowed a client to falsely identify himself
to the court, after recommending to the client that he
sign a plea memorandum with a name which Mr. Lyell knew
to be fictitious. At sentencing, Mr. Lyell asked the
judge to correct the record. Mr. Lyell failed to explain
the circumstances of, and accept responsibility for,
advising his client to use the fictitious name at the
time his guilty plea was entered.
go to Lyell order (pdf posted 06/09/06)*
May 12, 2006
Bradley Glenn Pollack, 148 North Main Street,
Woodstock, VA 22664
VSB Docket Nos. 02-070-1010, 02-070-3093, 02-070-3767
Effective May 4, 2006, a three-judge panel of the
Shenandoah County Circuit Court suspended Bradley
Glenn Pollack's license to practice law for two
years for misconduct in civil and criminal cases. Mr.
Pollack filed two frivolous lawsuits, one of which was
intended to promote his own political interests in
opposing a judicial candidate. The court found that Mr.
Pollack made scurrilous and unfounded remarks about the
integrity and qualifications of a judge. The court found
that Mr. Pollack’s contacts with witnesses and victims
in criminal cases constituted obstruction. He violated a
court ruling by walking out during a trial of his
client. The court also found he neglected his duties for
more than three years by not finalizing required
accountings in a series of foreclosures. The three judge
circuit court entered the two year suspension after Mr.
Pollack unsuccessfully appealed the suspension order of
March 14, 2005, to the Virginia Supreme Court.
go to
prior proceedings
May 10, 2006
Charles Everett Malone, Suite 1218,
500 East Main Street, Norfolk, Virginia 23510
VSB Docket Numbers 05-021-0922,
05-021-2018, 05-021-2184, 05-021-2186, 05-021-2603,
05-021-2623, 05-021-2810, 05-021-2929 and 05-021-3029
The Virginia State Bar Disciplinary Board revoked
Charles Everett Malone’s license to practice law,
effective May 10, 2006. Mr. Malone consented to the
revocation and admitted the charges in nine pending
disciplinary cases. The pending charges included:
failure to properly maintain his attorney trust account;
failure to deposit, account for, or return client funds;
conversion of client funds; failure to perfect appeals;
and failure to respond to numerous bar complaints. Mr.
Malone’s license was suspended for earlier misconduct at
the time of the revocation.
go to consent to revocation (PDF posted 05/26/2006)*
May 8, 2006
Alvin Lewis Lowery, Jr., Suites 105 & 205, 1259
Courthouse Road, Stafford, Virginia 22554
VSB Docket No. 04-060-2388
On May 5, 2006, a three-judge court in Stafford County
Circuit Court imposed a public admonition on Alvin
Lewis Lowery Jr. for violating the Rules of
Professional Conduct in a divorce case. Mr. Lowery
misrepresented that he did not have proceeds from a house
sale in his trust account when, in fact, he had about
$3,700 of proceeds in the account. A related charge that
alleged trust account mismanagement was dismissed.
go to opinion (PDF posted 07/06/06)*
May 4, 2006
Dorothea Patricia Kraeger, Esquire, 1135 East Coronado
Road, Phoenix, AZ 85006
VSB Docket No. 06-000-3439
On April 28, 2006, the Virginia State Bar Disciplinary
Board suspended Dorothea Patricia Kraeger's license
to practice law in Virginia. The board's action resulted
from an order of the Supreme Court of Arizona suspending
Ms Kraeger's Arizona license for four years and placing
her on probation for two years following reinstatement.
The Arizona suspension was based on ethical violations in
seventeen matters, primarily immigration cases. The board
ordered Ms Kraeger to appear on May 19, 2006, and show why
the same discipline that was imposed in Arizona should not
be imposed in Virginia.
go to Kraeger final summary (pdf posted 05/17/06)*
go to Kraeger final order (pdf posted 05/18/06)*
May 4, 2006Patrick John Blackburn, P. O. Box
232286, Anchorage, AK 99523-2286
VSB Docket No. 06-000-3412
On April 28, 2006 the Virginia State Bar Disciplinary
Board suspended Patrick John Blackburn's license
to practice law in Virginia and ordered him to show why
his license should not be revoked. The board's action
resulted from an order of the Supreme Court of Alaska
disbarring Mr. Blackburn in that state. The disbarment
order was based upon seventeen grievances filed within a
four month period by clients, judges, and other Alaska
attorneys. It recites violations of neglect; failure to
communicate; failure to account for or deliver client
funds; violation of court orders and rules; criminal
conduct reflecting on honesty, trustworthiness, or
fitness; and deceit, dishonesty, fraud, or
misrepresentation.
*On May 19, 2006, the Virginia State Bar Disciplinary Board revoked Mr. Blackburn's license to practice law.
go to Blackburn order (PDF posted 07/12/06)*
April 28, 2006
David Ashley Grant Nelson, 2819 Lorcom Lane, Arlington,
Virginia 22207
VSB Docket Nos. 05-090-1355; 05-090-1665; and
06-090-1542
On April 28, 2006, the
Virginia State Bar Disciplinary Board revoked David
Ashley Grant Nelson's license to practice law,
effective immediately, for misconduct in cases that
involved a no-fault divorce, a speeding ticket and
spousal support. The board found that Mr. Nelson had not
handled client matters diligently and failed to keep his
clients reasonably informed about the status of their
cases. In one matter, Mr. Nelson's failure to comply
with a court order to appear at a hearing resulted in a
capias warrant for his arrest that remains outstanding.
In addition, the board found that Mr. Nelson failed to
keep proper trust account records and that he used his
trust account for his personal business.
go to Nelson Opinion (posted 05/11/06)*
April 28, 2006
Dwayne Bernard Strothers, 130 Commerce Street, Suffolk,
Virginia 23434
VSB Docket Nos. 05-010-1033, 05-010-1540 and
05-010-3013
On April 27, 2006, the Virginia State Bar Disciplinary
Board suspended Dwayne Bernard Strothers's
license to practice law for two years for misconduct
in cases involving alleged discrimination, a criminal
appeal and a divorce. The board found that Mr. Strothers
violated numerous disciplinary rules by not depositing
advance fees into his trust account, failing to
communicate reasonably with clients, not pursuing cases
diligently and not protecting his client's interest when
he withdrew from the case, among other violations. The
board gave Mr. Strothers forty-five days to wind down his
law practice; he may not take on new clients or legal work
during that period. The two-year suspension goes into
effect June 12, 2006, and will run consecutively with a
prior ninety-day suspension, which is currently on appeal.
This was an agreed disposition of misconduct charges
against Mr. Strothers.
go to Strothers Order (pdf posted 05/04/06)*
April 28, 2006
John V. Buffington, Jr., 4730 Oakland Street,
Philadelphia, Pennsylvania 19124-2941
VSB Docket 06-000-3411
On April 28, 2006, the Virginia State Bar Disciplinary
Board summarily suspended the license of John V.
Buffington, Jr. The suspension was based upon the
decision of the U.S. District Court for the Eastern
District of Pennsylvania to suspend for six months Mr.
Buffington's license to practice law in that court. Mr.
Buffington is ordered to appear before the Virginia State
Bar Disciplinary Board on May 19, 2006, to show cause why
the same discipline that was imposed in the other
jurisdiction should not be imposed by the Board.
*On May 19, 2006, the Virginia State Bar Disciplinary Board suspended Mr. Buffington's license to practice law for six months.
go to Buffington Final Order (pdf posted 06/06/06)*
April 28, 2006
Antonio Pierre Jackson, 113 North Virginia Street,
Farmville, VA 23901
VSB Docket Nos. 05-090-3659, 05-090-4266, and
05-090-4412
On April 25, 2006, the Virginia State Bar's Ninth
District Committee imposed a public admonition with terms
on Antonio Pierre Jackson for misconduct
in his court-appointed representation of three appeals to
the Virginia Court of Appeals. The committee found he
violated ethical rules that govern competence, diligence
and communication. Mr. Jackson must take additional
continuing legal education courses in ethics or appellate
practice. If he does not comply, he will receive a public
reprimand with the same requirement. If he continues to
fail to comply, the VSB Disciplinary Board will review his
sanctions. This was an agreed disposition of misconduct
charges against Mr. Jackson.
go to Jackson Order (pdf posted 05/03/06)*
April 17, 2006
Conrad Charles Lewane, 9401 Treetop
Lane, Richmond, VA 23229-6241
VSB Docket Nos. 04-033-3756, 06-033-1424
On April 13, 2006, the Third District Committee,
Section III, imposed a public admonition with terms on
Conrad Charles Lewane for violations of the Rules of
Professional Conduct dealing with competence and diligence
in his administration of an estate. A show-cause
proceeding against Mr. Lewane was dismissed.
go to Public Admonition with Terms (PDF posted 05/26/06)*
April 17, 2006
Wayne Trivette Horne, P.O. Box 935, Grundy, VA 24614
VSB Docket No. 05-102-3027; Case No. 77-06
On April 12, 2006, a three-judge panel in Buchanan
County Circuit Court imposed a public reprimand with terms
on Wayne Trivette Horne. The judges
found, among other things, that Mr. Horne failed to
provide competent representation to a court-appointed
criminal defendant. He improperly quoted a fee of $2,500
to proceed with an appeal of the court-appointed case. He
also accepted $400 and made an oral motion before the
court for a sentence reduction without determining his
client's eligibility for a reduction; the court lacked
jurisdiction to entertain the motion. Mr. Horne must
refund the $400 fee to the complainant's father; he is
prohibited from practicing criminal law for eighteen
months, effective April 12, 2006; he must notify current
clients and courts of the prohibition; and he must
complete thirty hours of additional continuing legal
education courses on criminal law before he may return to
the practice of criminal law.
go to Final Order (pdf posted 06/19/06)*
April 14,
2006
John W. Wescoat, 16418 Courthouse Road, Post Office Box
97, Eastville, VA 23347-0097
VSB Docket No. 05-021-0107
On April 13, 2006, the Virginia State Bar Second
District Committee, Section I, imposed a public admonition
on John W. Wescoat for failing to respond to
several letters of inquiry from his client and failing to
pursue his client's appeal in a competent manner.
go to Wescoat Determination (pdf posted 05/08/06)*
April 14, 2006
Del M. Maurhine Brown, Post Office Box 1506, Prince
George, VA 23875
VSB Docket No. 05-021-4570
On April 7, 2006, the Virginia State Bar Second
District Committee, Section I, imposed a public admonition
on Del M. Maurhine Brown for failing to attend to
an estate matter, failing to communicate with her client,
and failing to respond to two letters of inquiry from the
Virginia State Bar. This is an agreed disposition of
misconduct charges against Ms. Brown.
go to Brown Determination (pdf posted 04/19/06)*
April 14, 2006 * **
Alexander Riddick Iden, 5 North Kent Street,
Winchester, Virginia 22601
VSB Docket No. 05-070-0485
On April 11, 2006, the Virginia State Bar's Seventh
District Committee imposed a public admonition on
Alexander Riddick Iden for violating Rules of
Professional Conduct concerning restricting a party's
access to evidence and information. In preparing for a
habeas corpus proceeding, and acting on the advice of the
Office of the Attorney General, Mr. Iden, the
Commonwealth's Attorney for the City of Winchester, sent a
letter to the jurors of the earlier capital murder case in
which the defendant was sentenced to death. The letter
suggested that representatives of the death row inmate
might contact the jurors, without clearly identifying
themselves, and might try to give the impression that they
were working on behalf of the commonwealth or the court.
The letter instructed the jurors to contact the
commonwealth's attorney's office before talking to such
persons about the case.
go to Iden Determination (pdf posted 05/03/06)*
*On May 1, 2006, Mr. Iden filed a
notice of appeal and a demand for a three judge court.
go to Exhibits 1 and 2 (pdf posted 05/12/06)*
**On October 18, 2006, a three
judge panel of the Circuit Court of the City of
Winchester dismissed the findings of misconduct against
Mr. Iden as being contrary to law.
April 10, 2006
*
Dwayne Bernard Strothers, 130 Commerce Street,
Suffolk, Virginia, 23434
VSB Docket Nos. 06-010-1577
On April 10, 2006, the Virginia State Bar Disciplinary
Board suspended 'Dwayne Bernard Strothers' license
to practice law for failure to respond to a bar subpoena
duces tecum.
*On April 28, 2006, the
Disciplinary Board lifted the suspension on Mr. Strothers.
March 31, 2006
Reginald Michael Harding, 5670 Gates Landing Road,
Virginia Beach, Virginia 23464
VSB Docket No. 06-000-2741
On March 27, 2006, the Virginia State Bar Disciplinary
Board suspended Reginald Michael Harding's license
to practice law in Virginia indefinitely on impairment
grounds.
March 29, 2006
Cynthia Dawn Garris, 132 West Olney Road, Norfolk,
Virginia 23510
VSB Docket Nos. 05-021-3150, 05-021-3151, and
05-021-3152
On March 24, 2006, the Virginia State Bar Second
District Subcommittee, Section I, imposed a public
admonition on Cynthia Dawn Garris for failing to
perfect criminal appeals in three court-appointed cases.
This is an agreed disposition of misconduct charges
against Ms. Garris.
go to Garris Order (pdf posted 03/30/06)
March 27, 2006
Wade Anthony Jacobson, P.O. Box 70773, Richmond, VA
23225-0773
VSB Docket No. 06-033-0404
On March 23, 2006, the Virginia State Bar Disciplinary
Board revoked Wade Anthony Jacobson's license to
practice law. He consented to the revocation and
acknowledged that he could not defend himself against
misconduct charges alleged in eleven pending disciplinary
cases. Mr. Jacobson abandoned his law practice and failed
to inform his clients and the courts before which he had
cases. The cases included personal injury and other
litigation, Social Security disability and criminal
matters, including appeals. His license has been suspended
since July 2005 for failure to respond to a subpoena duces
tecum during investigation of bar complaints.
go to Jacobson Order (pdf posted 03/30/06)*
March 24, 2006
Danny Shelton Shipley, 1st VA Bank Tower, Suite 1410,
555 East Main Street, Norfolk, VA 23510-2213
VSB Docket No. 05-021-3964
On March 22, 2006, the Virginia State Bar Second
District Committee, Section I, imposed a public admonition
with terms on Danny Shelton Shipley for failing to
perfect a criminal appeal for a court-appointed client.
Mr. Shipley must hire a risk manager to audit his
practice, and comply with the manager's recommendations.
This is an agreed disposition of misconduct charges
against Mr. Shipley.
go to Shipley Order (pdf posted 05/03/06)*
March 22, 2006
Robert Britton Armstrong, 3 McDowell Street, Lexington,
VA 24450
VSB Docket No. 06-080-0392
On March 21, 2006, the Virginia State Bar's Eighth
District Committee imposed a public reprimand on Robert
Britton Armstrong for representing a criminal
defendant in a rape case after the alleged victim sought
legal advice from him about the crime, resulting in an
impermissible conflict of interest. Mr. Armstrong
must withdraw immediately from the representation and take
additional training in legal ethics. This was an agreed
disposition of misconduct charges against Mr. Armstrong.
go to Armstrong Order (pdf posted 05/03/06)*
March 22, 2006
Robert Gerald Scogin, Jr. ,1515 Longview Road, Roanoke,
VA 24018
VSB Docket No. 06-000-0156
On March 21, 2006, the Virginia State
Bar Disciplinary Board suspended the law license of
Robert Gerald Scogin Jr. for four months, effective
April 1, 2006, following his guilty plea to possession of
cocaine as a first offender. Mr. Scogin must participate
in a two-year rehabilitation and monitoring program with
Lawyers Helping Lawyers. This was an agreed disposition of
misconduct charges against Mr. Scogin.
go to Scogin Order (pdf posted 03/30/06)
March 14, 2006
*
David Charles Dickey, P.O. Box 218, Standardsville, VA
22973-0218
VSB Docket No. 05-070-4823
On March 14, 2006, the Virginia State Bar Disciplinary
Board suspended David Charles Dickey's license to
practice law for failure to respond to a bar subpoena
duces tecum.
*On March 31, 2006, Mr. Dickey
fully complied with the subpoena duces tecum and the
suspension was lifted on April 3, 2006.
February 24, 2006
Reginald Michael Harding, 5670 Gates Landing Road,
Virginia Beach, Virginia 23464
VSB Docket Nos. 04-010-2243, 05-010-1728, 05-010-3005,
and 05-010-4515
On February 24, 2006, the Virginia State Bar
Disciplinary Board summarily suspended Reginald Michael
Harding's license to practice law indefinitely. Four
pending misconduct cases were also continued.
go to Harding Order (pdf posted 03/17/06)
go to Harding Order (pdf posted 03/30/06)
February 24, 2006
Frederick Lockhart Caldwell, Sr., Law Offices, 1720
Legare Lane, Virginia Beach, Virginia 23464-7008
VSB Docket No. 06-000-2392
On February 22, 2006, the Virginia State Bar
Disciplinary Board suspended Frederick Lockhart
Caldwell, Sr.'s license to practice law in Virginia
indefinitely on impairment grounds.
go to Caldwell Order (pdf posted 02/24/06)
February 24, 2006
Walter Ballard Harris, Petersburg Public Defender's
Office, 2nd Floor, 105 Marshall Street,
Petersburg, VA 23803-4544
VSB Docket Nos. 05-031-2389 and 05-031-4440
On February 1, 2006, the Virginia State Bar's Third
District Committee, Section I, imposed a public reprimand
with terms upon Walter Ballard Harris for failing
to properly perfect appeals on behalf of court-appointed
clients, and subsequently failing to tell them the appeals
had been dismissed. Mr. Harris must refrain for eighteen
months from perfecting appeals on behalf of clients, and
he must take additional training in criminal appeals. If
he does not comply, his license will be suspended for
sixty days.
go to Harris Order (pdf posted 02/24/06)
February 10, 2006
Harry Wayne Brown, 335 West Church Avenue, Roanoke, VA
24016
VSB Docket Nos. 04-080-2244 and 04-080-3063
On February 10, 2006, the Virginia State Bar
Disciplinary Board imposed two admonitions with terms on
Harry Wayne Brown in connection with two separate
bankruptcy representations. Mr. Brown failed to
handle the cases diligently, failed to communicate with
his client adequately, and failed to explain the
bankruptcy court's instructions to one client. As a
result, each client's bankruptcy case was dismissed
without prejudice. Under the terms of the sanctions,
Mr. Brown must consult with a law office management
consultant, revise his fee agreement to comply with the
Rules of Professional Conduct, and take six hours of live
MCLE courses in ethics and bankruptcy law. These
hours will not count toward his annual CLE requirement.
In each case, if Mr. Brown fails to comply with the
imposed terms, his law license may be suspended for ten
days. This was an agreed disposition of misconduct
charges against Mr. Brown.
go to Final Order (pdf posted 02/17/06)
February 10, 2006
Cynthia Ann Johnson, Esq., 8623 Reseca Lane,
Springfield, VA 22152
VSB Docket No. 05-070-1412
On February 9, 2006, the Virginia State Bar's Seventh
District Committee imposed a public reprimand with terms
on Cynthia Ann Johnson. Ms. Johnson, while
representing a husband in a divorce proceeding,
communicated with and executed a separation agreement with
the client's wife without permission of the wife's
attorney. Ms. Johnson's client brought his wife, who has
advance stages of multiple sclerosis and uses a
wheelchair, to Ms. Johnson's office for the signing of the
agreement, which Ms. Johnson did not review. After the
opposing attorney told her he had filed a bar complaint in
the matter, Ms. Johnson told him that her client would
destroy the original agreement and another signing would
be scheduled. The committee found she committed misconduct
by not properly supervising her legal secretary and by
communicating with a represented party without consent.
Under the terms of the reprimand, Ms. Johnson must take
additional courses in legal ethics and review several
legal ethics opinions. This was an agreed disposition of
misconduct charges against Ms. Johnson.
go to Johnson Determination (pdf posted 02/24/06)
February 9, 2006
James Thomas Lloyd Jr., #5, 824
Brandon Avenue, Norfolk, Virginia 23517-1647
VSB Docket Number 06-021-1152
The Virginia State Bar Disciplinary Board revoked
James Thomas Lloyd Jr.'s license to practice law,
effective February 7, 2006. At the time, the bar was
investigating allegations that he had misused funds from
the escrow account of a law firm for personal purposes.
Mr. Lloyd admitted that the material facts behind the
allegations of misconduct were true, and he consented to
the revocation.
go to
Affidavit Consent to Revocation (pdf posted 02/13/06)
February 8, 2006
* ** ***
Arnold Reginald Henderson V, Arnold Henderson &
Associates, Suite 102, 115 East Franklin Street, Richmond,
VA 23219
VSB Docket No. 06-032-0837
On January 27, 2006, the Virginia State Bar
Disciplinary Board imposed a fourteen day suspension on
Arnold Reginald Henderson V's license to practice law
for failure to comply with the terms of a previous public
reprimand. The suspension will be effective upon the entry
of the board's memorandum order.
*On February 2, 2006, Mr.
Henderson petitioned the Virginia Supreme Court for a
stay.
**On February 16, 2006, the
Virginia Supreme Court stayed the suspension pending
appeal.
***On April 20, 2006, the
Virginia Supreme Court lifted the stay and set May 3,
2006, as the effective date of Mr. Henderson's suspension.
go to Henderson Order (pdf posted 02/24/06)
February 1, 2006
*
Charles Gilman Lowry, 3937 Fort Avenue, Lynchburg, VA 24502-4713
VSB Docket No. 06-000-2270
On January 26, 2006, the Virginia State Bar Disciplinary Board suspended Charles Gilman Lowry's license to practice law. On January 13, 2006, he pleaded guilty in the United States District Court for the Western District of Virginia to conspiracy and wire fraud for defrauding investors out of nearly $2 million. On February 24, 2006, the board will consider whether Mr. Lowry's license should be further suspended or revoked.
*On February 24, 2006, the
Virginia State Bar Disciplinary Board revoked Mr. Lowry's
license to practice law.
February 1, 2006
*
Thomas Wesford Kinnane, 959 Blue Fox Way, Arnold, MD 21012
VSB Docket No. 06-000-2276
On January 27, 2006, the Virginia State Bar Disciplinary Board suspended Thomas Wesford Kinnane's license to practice law, in response to the revocation of his Maryland law license. Maryland disciplinary authorities found that he had improperly paid himself a fee in a fee-splitting arrangement of a retainer he held in trust. Mr. Kinnane was convicted in a Harris County, Texas, court on criminal charges related to the improper payment, and the Maryland Court of Appeals determined the conviction reflected adversely on his fitness to practice. Mr. Kinnane was ordered to appear before the Virginia board on February 24, 2006, to show cause why his Virginia license should not be similarly revoked.
*On February 24,
2006, the Virginia State Bar Disciplinary Board revoked
Mr. Kinnane's license to practice law.
go to Opinion (pdf posted 03/06/06)
January 23, 2006
Khalil Wali Latif, P. O. Box 5300, Midlothian, VA
23112-0022
VSB Docket Nos. 06-031-0572 and 06-031-0876
On January 23, 2006, the Virginia State Bar Disciplinary
Board suspended Khalil Wali Latif's license to
practice law for failure to respond to a bar subpoena duces
tecum.
January 20, 2006
Marc James Small, 713 First Street, SW, Roanoke, VA
24016-4101
VSB Docket No. 06-080-1682
On January 19, 2006, the Virginia State Bar's Eighth
District Committee imposed a public reprimand on Marc
James Small for failing to comply with a term of an
August 2005 private admonition. In that case, he conceded he
had failed to deposit a client's advance legal fee for
divorce representation into a trust account, and had failed
an alcohol sobriety test administered while he was appearing
in court. Under the terms of the admonition, Mr. Small was
ordered to certify by October 5, 2005, that he had undergone
an evaluation to determine if he is suffering from a
substance abuse problem. He did not comply.
go to Small Order (pdf posted 02/24/06)
January 17, 2006
Timothy Everett Miller, Public Defender's Office, Suite
100, 707 Gittings Street, Suffolk, VA 23434
VSB Docket No. 06-000-2186
On January 12, 2006, the Virginia State Bar Disciplinary
Board suspended Timothy Everett Miller's license to
practice law in Virginia indefinitely on impairment grounds.
go to opinion (pdf posted 1/26/06)
January 10, 2006
David Allen Downes, 14 Chester Street, Front Royal, VA
22630-3321
VSB Docket Number 04-070-3562
On January 10, 2006, the Virginia State Bar Seventh
District Committee, dismissed charges of misconduct against
David Allen Downes for lack of clear and convincing
evidence.
January 5, 2006 *
Andrew Mark Steinberg, 3581 Sherbrooke Circle,
Woodbridge, VA 22192
VSB Docket No. 06-000-2058
On December 28, 2005, the Virginia State Bar Disciplinary
Board suspended Andrew Mark Steinberg's license to
practice law in Virginia, in response to a sixty-day
suspension of his District of Columbia license for failure
to provide competent representation with promptness,
diligence and zeal, and for failing to communicate with the
client. Mr. Steinberg's reinstatement in the District is
conditioned upon making restitution to the client. Mr.
Steinberg was ordered to appear before the Virginia State
Bar Disciplinary Board on January 27, 2006, to show cause
why the same discipline should not be imposed in Virginia.
*On January 27, 2006, the Virginia State Bar Disciplinary Board suspended Andrew Mark Steinberg's license to practice law for sixty days, with reinstatement conditioned upon payment of $750 plus interest in restitution to a client. This action was in response to a sixty-day suspension of his District of Columbia license for failure to provide competent representation with promptness, diligence and zeal, and for failing to communicate with the client. Mr. Steinberg's reinstatement in the District also is conditioned upon making restitution to the client. The Virginia board held that Mr. Steinberg did not meet his burden of proof as to why the discipline imposed in the District should not be imposed in Virginia.
go to Final Order (pdf posted 02/13/06)
January 5, 2006 *
James Bryan Pattison, 727 North 6th Street,
Sterling, Kansas 67579
VSB Docket Number 06-000-2064
On December 29, 2005, the Virginia State Bar Disciplinary
Board suspended the law license of James Bryan Pattison,
in response to a one-year suspension of his license to
practice law in Kansas. Kansas disciplinary authorities
found he had committed misconduct in his romantic
involvement with the mother of children for whom he served
as guardian ad litem, by wrongfully communicating
with a represented party, and by failing to appear in court
on several petitions involving children in need of care. Mr.
Pattison has been ordered to appear before the Virginia
State Bar Disciplinary Board on January 27, 2006, to show
cause why the same sanction should not be imposed in
Virginia.
*On January 27, 2006, the Virginia State Bar Disciplinary Board suspended the law license of James Bryan Pattison for one year. This was in response to a one-year suspension of his license to practice law in Kansas. Kansas disciplinary authorities found he had committed misconduct in his romantic involvement with the mother of children for whom he served as a guardian ad litem, by wrongfully communicating with a represented party, and by failing to appear in court on several petitions involving children in need of care. The Virginia board held that Mr. Pattison had not met his burden of proof as to why the discipline imposed in Kansas should not be imposed in Virginia.
go to Final Order (pdf posted 02/13/06)
January 3, 2006
Dion Francis Richardson, Allied Arts Building, Suite 15B, 725 Church Street, Lynchburg, Virginia 24504
VSB Docket No. 06-090-0604
On December 28, 2005, the Virginia State Bar Disciplinary Board suspended Dion Francis Richardson's license to practice law for failure to respond to a bar subpoena duces tecum.
January 3, 2006
Kenneth Paul Mergenthal, 806 Princess Anne Street, Fredericksburg, VA 22401-5820
VSB Docket No. 06-060-0300
On December 28, 2005, the Virginia State Bar Disciplinary Board suspended Kenneth Paul Mergenthal's license to practice law for failure to respond to a bar subpoena duces tecum.
*This site provides a number of documents in Adobe Acrobat format (PDF). To download a free Acrobat reader click here: