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Disciplinary
Actions Taken by the
Virginia State Bar
July
2000December 2000
December
20, 2000
Zane
Bruce Scott, 152 Depot Street, Gate City,
Virginia 24251.
VSB
Docket No. 99-102-0092
On December 15, 2000, the Virginia State
Bar Disciplinary Board revoked Zane Bruce
Scott's license to practice law in the Commonwealth
of Virginia.
The board found that while he was an Assistant
Commonwealth's Attorney for Wise County,
Mr. Scott had sexual relationships with
two women who were charged with felonies
in the county. In each case, he either used
his office or offered to use his office
to help with the pending felony charge.
He later tried to get one of the women and
her attorney to withhold evidence and misrepresent
the truth about the sexual relationship.
The
Disciplinary Board determined Mr. Scott
violated several Disciplinary Rules, including
DR 1-102(A)(3)(4) and DR 7-102(A)(6)(8)
and DR 7-103(A)(1)(2) and DR 8-101(A)(3)
and DR
9-101(C).
go
to opinion
December
15, 2000
Woodson
Terry Drumheller, P.O. Box 713, Richmond,
Virginia 23218-0713.
VSB
Docket Nos. 00-033-3060, 00-033-3281, 00-033-3312,
01-033-0004, 01-033-0090
01-033-0098,
01-033-0922, 01-000-1103
Woodson
Terry Drumheller petitioned the Virginia
State Bar Disciplinary Board to surrender
his license to practice law in Virginia
with disciplinary charges pending on December
14, 2000. The board accepted the petition
and revoked his license on December 15,
2000. Summaries of the charges will be forwarded
to the Virginia Supreme Court.
December
15, 2000
George
C. Rawlings, Jr., 405 Amelia Street, Fredericksburg,
Virginia 22401-3821.
VSB
Docket Nos. 00-061-2739, 00-061-3365, 00-061-3427,
01-061-0239, 01-061-0437
01-061-0438,
01-061-0439, 01-061-0778, 01-061-0808, 01-061-0809
01-061-0810,
01-061-0879, 01-061-0934, 01-061-0968, 01-061-0977
01-061-1006,
01-061-1088, 01-061-1091, 01-061-1099, 01-061-1109
01-061-1117
and 01-061-1215
George
C. Rawlings, Jr., petitioned the Virginia
State Bar Disciplinary Board to surrender
his license to practice law in Virginia
with disciplinary charges pending on December
14, 2000. The board accepted the petition
and revoked his license on December 15,
2000. Summaries of the charges will be forwarded
to the Virginia Supreme Court.
December
1, 2000
Victor
Alan Motley, P.O. Box 25786, Richmond,
Virginia 23260-5786
VSB
Docket Nos. 96-032-2446, 96-032-2545 and
98-032-1045
On November 30, 2000, the Virginia State
Bar Disciplinary Board suspended Victor
Alan Motley's license to practice law
in the Commonwealth of Virginia for eighteen
months. The board's earlier order imposing
the suspension for mishandling a real
estate transaction and mismanaging his
trust account was recently affirmed by
the Virginia Supreme Court.
S.
Ct. opinion (to text file at the Supreme
Court of Virginia Web page)
In
addition, Mr. Motley was publicly reprimanded
for misconduct in two other cases. One Public
Reprimand was for failing to inform a client
in a criminal case of the denial of his
appeal to the Court of Appeals in time to
appeal to the Virginia Supreme Court. The
second Public Reprimand was for failing
to "attend promptly" to a real estate transaction
and for failing to keep his client informed.
The Virginia Supreme Court affirmed both
Public Reprimands.
S.
Ct. opinion (to text file at the Supreme
Court of Virginia Web page)
November
27, 2000
Antonio
Pierre Jackson, 113 North Virginia Street,
Farmville, Virginia 23901
VSB
Docket No. 99-090-3213
On
October 10, 2000, pursuant to an Agreed Disposition
a subcommittee of the Ninth District Committee
issued a Public Reprimand with Terms to Antonio
Pierre Jackson for violations of DR 6-101(A),
6-101(B), and 6-101(C). These disciplinary
rules require a lawyer to undertake representation
only in matters in which the lawyer can act
with competence and promptness.
On
or about February 18, 1999, a circuit court
clerk wrote the respondent advising him of
his appointment as counsel for the complainant
in his appeal of his criminal conviction from
the Virginia Court of Appeals to the Virginia
Supreme Court. On or about March 23, 1999,
the circuit court entered an order appointing
the Respondent as counsel. On April 22, 1999,
the respondent filed a Motion for Extension
of Time with the Virginia Supreme Court, requesting
"an additional week" in which to prepare and
file the Petition for Appeal. On or about
April 27, 1999, the Supreme Court of Virginia
entered an order denying the motion. On or
about May 4, 1999, the complainant wrote the
Supreme Court of Virginia to inquire about
the status of his appeal. On or about May
7, 1999, the complainant learned from the
clerk's office that the Motion for Extension
of Time had been denied and that no petition
for appeal had been filed in his case. On
or about July 9, 1999, after the complainant
filed a bar complaint, the respondent first
advised his client that the Court had dismissed
the petition for appeal because it was not
timely filed.
In
addition to the Public Reprimand, the subcommittee
imposed terms requiring that on or before
July 31, 2001, the respondent certify in writing
to bar counsel his attendance at an approved
continuing legal education course or viewing
of a videotape of an approved continuing legal
education course, offering two or more hours
of continuing education credits, that deals
with appellate practice or legal ethics.
November
28, 2000
Donald
H. Spitzli, Jr., Pembroke One Building,
Suite 605, 281 Independence Boulevard, Virginia
Beach, Virginia 23462
VSB
Docket No. 97-021-2888
On September 14, 2000, a hearing was held
before a panel of the Second District, Section
One Committee of the Virginia State Bar.
Following the hearing, the panel issued
a Public Reprimand to Donald H. Spitzli,
Jr. for violating of DR 1-102(A) and DR
1-102(A)(3). These Disciplinary Rules state
that a lawyer shall not violate a disciplinary
rule or knowingly aid another to do so,
and a lawyer shall not commit a crime or
other deliberately wrongful act that reflects
adversely on the lawyer's fitness to practice
law.
Mr. Spitzli was the seller of a residential
condominium. He certified that he had no
knowledge of loans that were made or would
be made to the borrower, or loans that had
been or would be assumed by the borrower
for purposes of financing, other than those
described in the sales contract. However,
Mr. Spitzli had knowledge of, and subsequently
came into possession of a promissory note
in the amount of the purchaser's down payment.
In addition, there were two additional promissory
notes totaling over $50,000, which were
part of the purchase price but not shown
on the HUD-1 statement. These promissory
notes were also signed over to Mr. Spitzli
following the transaction.
November
27, 2000
Bruce
Wilson McLaughlin, P.O. Box 340, Leesburg,
Virginia 20178
VSB
Docket No. 01-000-0925
The
Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. McLaughlin
by order dated November 22, 2000. On July
18, 2000, Mr. McLaughlin pled guilty in
the Circuit Court of Loudoun County (Criminal
No. 12928) to the felony of escape under
Virginia Code Section 18.2-479. A hearing
will be held before the Virginia State Bar
Disciplinary Board on December 15, 2000,
at which Mr. McLaughlin will have the opportunity
to show cause why his license to practice
law in the Commonwealth of Virginia should
not be further suspended or revoked. The
summary suspension order was entered pursuant
to the Rules of the Supreme Court of Virginia,
Part 6, Section IV, Paragraph 13(E).
November
27, 2000
David
Thomas Steckler, 1301 Princess Anne Street,
Fredericksburg, Virginia 22401
VSB
Docket Nos. 00-00-1274 and 00-061-1972
On
November 17, 2000, the Disciplinary Board
revoked Mr. Steckler's license to practice
law in the Commonwealth of Virginia. Mr.
Steckler did not appear.
On
July 16, 1999, a panel of three circuit
court judges suspended Mr. Steckler's license
for one year for misappropriating a real
estate deposit. The Disciplinary Board found
that during the same period Mr. Steckler
misappropriated $96,830 in connection with
another real estate transaction in which
he acted as settlement agent. Mr. Steckler
subsequently closed his office and left
Virginia. His current whereabouts are unknown.
The
board determined that Mr. Steckler's conduct
violated DR 1-102(A)(1), (3) and (4), as
well as DR 9-102(B), and that he did not
furnish proof that he gave the required
notice of his one-year suspension to any
clients he may have had, opposing counsel
or judges in pending litigation.
Steckler
Misconduct Opinion
Steckler
K(1) Opinion
Steckler
Crespa Opinion
November
15, 2000
Roy
David Bradley, P.O. Box 1006, Madison, Virginia
22727
VSB
Docket No. 98-070-0964
On October 6, 2000, the Seventh District
Committee of the Virginia State Bar issued
a Public Reprimand with Terms to Roy David
Bradley, Esq., who was found to have violated
DR 1-102(A)(3) and (4), and DR 7-102(A)(1
through 8).
The Committee found that in furtherance
of an intention to establish an adverse
possession claim in favor of his client,
Mr. Bradley prepared, caused to be executed,
and recorded in the land records of Madison
County, Virginia, a "deed of conveyance"
of real property wherein his client was
the grantee. At the time of these actions
Mr. Bradley had actual knowledge that the
grantor in such deed had no legal, equitable,
or other interest of any kind in the property
described in the deed. The Committee further
found that at the time of these actions
Mr. Bradley either knew, or upon the conduct
of a reasonable inquiry should have known,
that no evidence existed upon which there
could be a colorable claim of adverse possession
in favor of his client.
The Committee determined that Mr. Bradley
should attend continuing legal education
programs in the field of real estate transactions
and legal ethics. Should Mr. Bradley fail
to comply with the terms so imposed, the
matter will be certified to the Virginia
State Bar Disciplinary Board..
November
1, 2000
Madeleine
Marie Reberkenny, 108 North Saint Asaph
Street, Alexandria, Virginia 22314
VSB
Docket No. 01-000-0323
By
order entered by the Disciplinary Board
on May 26, 2000, respondent's license to
practice law in Virginia was suspended for
a period of thirteen (13) months, effective
May 26, 2000, and she was ordered to furnish
proof to the Virginia State Bar within sixty
(60) days thereafter of her compliance with
paragraph 13K(1) of § IV, Part Six of the
Rules of the Supreme Court of Virginia.
On the Virginia State Bar's motion for respondent
to show cause why her license to practice
law in Virginia should not be revoked or
further suspended for a failure to comply
with paragraph 13K(1) aforesaid as ordered,
the Disciplinary Board found that respondent
had failed to comply and thereupon suspended
her license to practice law for a further
period of two (2) years effective June 26,
2001, and ordered her to comply with paragraph
13K(1) aforesaid with respect to such further
suspension.
November
1, 2000
John
Tyler Stant, City Center, Suite 210, 223
East City Hall Avenue, Norfolk, Virginia
23510
VSB Docket No. 01-000-0917
This
matter came before the Virginia State Bar
Disciplinary Board via an Agreed Order of
Disability and Suspension.
On
October 30, 2000, the Disciplinary Board
suspended Mr. Stant's license to practice
law in the Commonwealth of Virginia for
an indefinite period of time.
October
26, 2000
Lloyd
D. Rials, #1607, 2611 Bayshore Boulevard,
Tampa, FL 33629
VSB
Docket No. 99-000-1972
This
matter came before the Virginia State Bar
Disciplinary Board on a petition for reinstatement.
After hearing evidence presented on behalf
of the petitioner and the Bar, and consideration
of all exhibits made part of the record,
the panel finds unanimously that the petitioner
has failed to prove by clear and convincing
evidence that his license should be reinstated.
Therefore, the panel recommends against
reinstatement.
On
October 19, 2000, the Virginia Supreme Court
denied Mr. Rials' petition for reinstatement.
October
26, 2000
Gary
Michael Bowman, 12th Floor, 204
South Jefferson Street, Roanoke, Virginia
24011
VSB
Docket No. 99-090-0243
While
representing debtors in some bankruptcy
actions, Mr. Bowman filed several pleadings
and motions with the United States Bankruptcy
Court for the Western District of Virginia,
Roanoke Division, and the Roanoke City Circuit
Court. On each occasion, Mr. Bowman endorsed
a certificate of service stating that he
had mailed copies of the documents to opposing
counsel or to all parties on the mailing
matrix. Mr. Bowman, however, did not mail
the documents as certified. On some occasions,
he hand-delivered them to opposing counsel
on a later date, or mailed them on a later
date. On some occasions, counsel learned
of the filings only because the court notified
them, or because they discovered them while
reviewing the court's files. The Ninth District
Committee heard the case on September 15,
2000. A majority of the panel held that
Mr. Bowman's conduct amounted to fraud,
deceit, or misrepresentation, in violation
of DR 1-102(A)(3) of the Code of Professional
Responsibility. The panel also found by
a unanimous decision that he violated DR
7-102(A)(5), which prohibits an attorney
from knowingly making a false statement
of law or fact while representing a client.
After considering the misconduct proven
and Mr. Bowman's prior disciplinary record,
the Committee issued a Public Reprimand.
October
2, 2000
Walter Franklin Green, 77 North Liberty Street,
P.O. Box 512, Harrisonburg, Virginia 22801-0512
VSB Docket Nos. 97-070-1467
98-070-1481
On
September 19, 2000, pursuant to an Agreed
Disposition entered into by Walter Franklin
Green, IV, Esq., a Three-Judge Court issued
a Public Reprimand with Terms to Walter Franklin
Green, IV, Esq., who was found to have violated
DR 6-101(A)(1), (B), (C), and (D), which disciplinary
rules concern "competence and promptness."
In the first matter, the Three-Judge Court
found that Mr. Green was hired in October,
1995, to file a Petition for a Writ of Habeas
Corpus on behalf of an incarcerated individual.
It was not until March 13, 1997, that Mr.
Green filed a pleading on behalf of his client.
Mr. Green at that time filed a Petition to
Vacate Sentence instead of the Petition for
a Writ of Habeas Corpus. The Court dismissed
the petition, without prejudice, four days
after it was filed.
In the second matter, Mr. Green was retained
on behalf of a child's mother in April, 1996,
to handle a custody and visitation appeal
to a Circuit Court. Following a Circuit Court
hearing in January of 1997, an Order was entered
and copies were furnished to Mr. Green's office
in early February, 1997. Mr. Green failed
to forward a copy of the Order to his client,
and the client's and client's father's noncompliance
with the Order was the subject of a show cause
hearing in March, 1997, which resulted in
a ruling adverse to the client's interests.
The Order of the Three-Judge Court provides
that Mr. Green return the fee paid, with interest,
to the client's father in the first matter,
and that he attend continuing legal education
program(s) in the field of ethics. Should
Mr. Green fail to comply with the terms so
imposed, he will be subject to a thirty (30)
day suspension of his license to practice
law in the Commonwealth of Virginia.
September
28, 2000
Andrew
Robert Sebok, P.O. Box 1430, Norfolk, Virginia
23510
VSB Docket Nos. 98-022-2586, 98-021-2742,
98-021-2743, 99-021-0170, 99-022-0506 and
99-021-1231
On
September 22, 2000, pursuant to an Agreed
Disposition, the Virginia State Bar Disciplinary
Board, having consolidated for hearing a series
of complaints, suspended the Respondent's
license to practice law for a period of nine
months with terms commencing on October 13,
2000.
Following
the term of suspension, Respondent's right
to practice shall be reinstated, subject to
terms. If Respondent fails to fully comply
with such terms, an additional five years
of suspension shall be imposed.
The
following facts were involved in the complaints
heard:
VSB
No. 98-022-2586
In 1993, Complainant hired Respondent to represent
her in a contested divorce. In August of 1998,
a final decree of divorce was entered by the
court. In this decree, the court ordered that
the Respondent, by October 1, 1998, was to
prepare for entry three QDRO (qualified domestic
relations order) orders for entry. As of the
date of the Board's hearing, only one of the
orders had been entered.
The
Board found violation of DR 6-101 (B) and
DR 7-101 (A).
VSB
No. 98-022-0170
The Respondent was appointed to represent
the Complainant to file a Habeas Corpus on
his behalf following his conviction and sentencing
on a charge of aggravated sexual battery and
taking indecent liberties with a nine year
old. Respondent failed to file a timely appeal.
As a result, the appeal he filed was dismissed.
The
Board found a violation of DR 6-101 (B).
VSB
Nos. 98-022-2742 and 98-022-2743
These were companion complaints filed by the
parents of an individual serving a sentence
arising from a shooting. The Board found from
the evidence presented that the Respondent
failed to fully and adequately communicate
with his client as to the necessary steps
which needed to be taken to support his Habeas
and to provide the necessary evidence to go
forward with the same.
The
Board found violation of DR 6-101 (C).
VSB
No. 99-022-2586
Complainant employed Respondent to fie a 28
U.S.C. 2255 motion on behalf of her daughter
who was serving a lengthy term of incarceration
following her conviction on charges of transporting
drugs. Respondent received a retainer which
he deposited directly into his office account
and began drawing against for personal uses
rather than placing such funds into a trust
account until earned.
Subsequently,
Respondent failed to file the motion in a
timely fashion. Rather than personally verifying
the date by which the motion was to be filed,
he relied upon the date as reported to him
by the client and her mother. The motion was
rejected for failure to file in a timely fashion.
Thereafter, despite repeated requests, Respondent
failed to return the fee he received from
the Complainant.
The
Board found violations of DR 6-101 (B) and
DR 7-101(A).
VSB
No. 99-022-0506
Complainant retained Respondent to file a
petition on behalf of her husband, a alien
illegally in the United States. The statute
under which the petition was to be filed was
subject to sunset legislation and was scheduled
to expire at midnight on the day the Respondent
agreed to assist the Complainant. The petition
was prepared in a timely fashion, but the
Respondent failed to file it as required prior
to the midnight deadline. The petition filed
was rejected as untimely.
Respondent
had received a fee from the Complainant
which he placed directly into his office
account rather than a trust account until
it was earned. Following Respondent's failure,
despite repeated requests, he refused to
reimburse the Complainant the fees which
she had paid.
The
Board found violations of DR 2-108 (D);
DR 6-101 (B) and DR 9-102 (A) and (B).
Sebok
Order
September
25, 2000
Timothy Wade Roof, 5269 Revere Drive, Norfolk,
Virginia 23502-4926
VSB Docket No. 98-021-1505
On September 11, 2000, pursuant to an Agreed
Disposition, a sub-committee of Section I Second
District Committee of the Virginia State Bar
issued a Public Reprimand with Terms to Timothy
Wade Rood for violations of DR 9-102 (A) and
DR 9-102 (B). These disciplinary rules require
a lawyer to deposit all funds received on behalf
of a client into a trust account. They further
require prompt payment to the client of such
funds to which the client is entitled and which
are in the possession of the attorney.
On or about December 5, 1997, the EEOC defendant
issued to Mr. Roof a United States Treasury
check for $4,000, which Mr. Roof received on
or before December 9, 1997. At that time, Roof
failed to deposit the proceeds intact into his
trust account. Rather, he split the proceeds
by taking $1,000 of the check and depositing
$3,000 of the $4,000 into his trust account
on December 9, 1997. The client's share was
$2,000. The client did not receive full payment
on her $2,000 until January 14, 1998 when Mr.
Roof paid her $1,350 cash. On January 9, 1998,
Respondent had made a partial payment of $650
cash. A payment of $1,350, drawn on Respondent's
trust account on January 12, 1998, had been
returned for insufficient funds.
The terms require Roof to certify in writing
to Bar Counsel on or before February 28, 2001,
his attendance at an approved continuing legal
education course, offering two or more hours
of continuing education credits, that deals
with the duties to preserve client confidences
and to avoid conflicts of interests.
September
25, 2000
Craig Burgett Dunbar, c/o Richard S. Mendelson,
Suite 300, 112 South Alfred Street, P.O. Box
19888, Alexandria, Virginia 22320-0888
VSB Docket Nos. 99-042-3194 and 01-000-0363
Craig Burgett Dunbar petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary
charges pending on September 22, 2000. The board
accepted the petition and revoked his license
on September 22, 2000. Summaries of the charges
will be forwarded to the Virginia Supreme Court.
go to August 30 summary
September
25, 2000
Charles V. Bashara, Bashara & Hubbard, 414 West
Bute Street, P.O. Box 3626, Norfolk, Virginia 23514-3636
VSB Docket No. 99-021-0657
On September 11, 2000, pursuant to an Agreed Disposition,
a sub-committee of Section I Second District Committee
of the Virginia State Bar issued a Public Reprimand
with Terms to Charles V. Bashara for violations
of DR 9-102 (B). This disciplinary rule requires
a lawyer to promptly pay or deliver to the client
or another as requested by such person funds in
the possession of the attorney to which the person
is entitled.
On April 9, 1997, Mr. Bashara settled his client's
personal injury claim and disbursed settlement proceeds
to his client. Prior thereto, Mr. Bashara had been
notified of outstanding medical bills of health
care provider Michael C. Ebner. At no time prior
to or including the disbursement of the settlement
proceeds did the client advise Mr. Bashara not to
pay Dr. Ebner directly or express any opinion that
Dr. Ebner's charges were excessive. Nonetheless,
Mr. Bashara failed to pay either Dr. Ebner's outstanding
charges or the statutory lien amount of his charges.
The terms require that on or before February 28,
2001, Mr. Bashara shall certify in writing to Assistant
Bar Counsel his attendance at an approved continuing
legal education course, offering two or more hours
of continuing education credits, that deals with
legal ethics including trust accounting.
September
5, 2000
William
P. Robinson, Jr., W. P. Robinson & Associates, 256
West Freemason Street, Norfolk, Virginia 23510-1221
VSB Docket No. 98-022-1063
On June 8, 2000, a hearing was held before a panel
of the Second, Section II District Committee of
the Virginia State Bar. Following the hearing, the
panel issued a Public Reprimand to William P. Robinson,
Jr. for violations of DR 1-102(A)(4), DR 6-101(B)
and DR 6-101(C). These Disciplinary Rules require
a lawyer to refrain from engaging in conduct involving
dishonesty, deceit or misrepresentation, to promptly
attend to matters undertaken for a client and to
keep a client reasonably informed about matters
in which the lawyers' services are being rendered.
In 1996, Mr. Robinson undertook to appeal criminal
convictions for a client; however, he failed to
file the Notice of Appeal in a timely fashion and
the appeal was specifically dismissed for that reason.
Mr. Robinson then filed a habeas corpus proceeding
seeking a delayed appeal and claimed either the
clerk of court or the court reporter was somehow
at fault for the dismissal of the appeal. He also
told his client the clerk was at fault for the dismissal
of the appeal.
In a subsequent habeas petition for the same client,
Mr. Robinson stated he did not have time to file
the Notice of Appeal by the deadline; however, the
hearing panel found he did have time and the Notice
would have been considered timely filed if it was
sent certified mail. The hearing panel found Mr.
Robinson failed to act promptly in the appeal, was
not honest about the reason for the dismissal of
the appeal and failed to keep his client informed
about the appeal.
August
30, 2000
John William Acree, Suite 109, 5441 Virginia Beach
Boulevard, Virginia Beach, Virginia 23462
VSB
Docket Nos. 01-022-0167, 01-022-0168 and 01-022-0364
John William Acree petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on August 28, 2000. The board accepted the
petition and revoked his license on August 29, 2000.
Summaries of the charges will be forwarded to the
Virginia Supreme Court.
August 30, 2000
Craig
Burgett Dunbar
c/o
Richard S. Mendelson, Suite 300, 112 South Alfred
Street, P.O. Box 19888, Alexandria, Virginia 22320-0888
VSB Docket No. 01-000-0363
The
Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Dunbar by order
dated August 25, 2000. On August 17, 2000, Mr. Dunbar
pled guilty in the United States District Court
for the Eastern District of Virginia (Criminal No.
00-293-A) to one count of mail fraud in violation
of Title 18, United States Code, Section 1341. A
hearing will be held before the Virginia State Bar
Disciplinary Board on September 22, 2000, at which
Mr. Dunbar will have the opportunity to show cause
why his license to practice law in the Commonwealth
of Virginia should not be further suspended or revoked.
The summary suspension order was entered pursuant
to the Rules of the Supreme Court of Virginia, Part
6, Section IV, Paragraph 13(E).
August
25, 2000
Drew Virgil Tidwell, 156 Colony Court, Amherst,
NY 14226-3509
VSB
Docket No. 00-000-1453
Drew
V. Tidwell appeared before a panel of the
Virginia State Bar Disciplinary Board on August
25, 2000, on a Rule to Show Cause why his
licence should not be further suspended or
revoked. The Show Cause Rule was based on
Mr. Tidwell's loss of his license in New York
because of a felony conviction. Mr. Tidwell
argued against revocation on the theory that
New York had not afforded him due process.
The panel voted to revoke Mr. Tidwell's license
effective August 25, 2000, holding that New
York law had afforded him due process.
go
to January 2, 2000 summary
August
24, 2000
Jane
Chase Neal, P.O. Box 16, Stevensburg, Virginia
22741
VSB
Docket No. 98-070-2577
Jane
Chase Neal, petitioned the Virginia State
Bar Disciplinary Board to surrender her license
to practice law in Virginia with disciplinary
charges pending on August 24, 2000, to be
effective on August 24, 2000. The board accepted
the petition and revoked her license on August
24, 2000. Summaries of the charges will be
forwarded to the Virginia Supreme Court.
August
15, 2000
Darwyn H. Lesh, 2418 South Bay Street, Georgetown,
SC 29440
VSB Docket No. 00-000-3182
Darwyn H. Lesh petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary
charges pending on August 14, 2000. The board
accepted the petition and revoked his license
on August 15, 2000. Summaries of the charges
will be forwarded to the Virginia Supreme
Court.
go
to July 10 summary
August
11, 2000
John George Crandley, Preston, Wilson &
Crandley, Suite 200, 2222 Commerce Parkway,
Virginia Beach, Virginia 23454
VSB Docket No. 99-022-0070
On July 13, 2000, pursuant to an Agreed Disposition,
a Second, Section II District Subcommittee of
the Virginia State Bar issued a Public Reprimand
with Terms to John George Crandley for violations
of DR1-102(A)(3), DR7-102(A)(1), DR 7-105(A),
and DR 7-105(C)(5). These Disciplinary Rules
require a lawyer to refrain from committing
a crime or other deliberately wrongful act which
reflects adversely on his fitness to practice
law, to refrain from conducting a defense or
take other action when it is obvious such action
serves to merely harass or maliciously injure
another, to refrain from disregarding a ruling
made in the course of a proceeding and to refrain
from intentionally or habitually violating any
established rule of procedure or evidence.
On June 30, 1998, Mr. Crandley appeared before
Judge Edward W. Hanson, Jr. in Virginia Beach
Circuit Court representing a defendant in a
personal injury case. During the trial of the
case, Mr. Crandley adopted a sarcastic and loud
tone of voice during cross examination of the
plaintiff's witnesses, prompting Judge Hanson
to admonish Crandley to speak politely to all
witnesses. Despite this admonition, Mr. Crandley
continued to treat witnesses in a sarcastic
and demeaning manner, prompting Judge Hanson
to find Mr. Crandley in contempt of court, fine
him $50 and admonish him that the next time
he disobeyed the Court's instruction in that
regard, he would go to jail. Later in the trial,
Mr. Crandley again treated a witness in a sarcastic
and demeaning manner, and Judge Hanson again
found Mr. Crandley in contempt and imposed three
days in jail, to be served in the evenings while
trial proceeded. Mr. Crandley continued to argue
with Judge Hanson, requiring the Judge to immediately
send Mr. Crandley to jail and declare a mistrial
of the case.
The Terms require Mr. Crandley to continue counseling,
to avoid being held in contempt of court and
to not engage in any conduct arising out of
an appearance before any tribunal which is subsequently
determined to be a violation of a Rule of Professional
Conduct for a five year period from the date
of the Subcommittee Determination.
August
11, 2000
John George Crandley, Preston, Wilson & Crandley,
Suite 200, 2222 Commerce Parkway, Virginia Beach,
Virginia 23454
VSB Docket No. 98-022-1476
On July 13, 2000, pursuant to an Agreed Disposition,
a Second, Section II District Subcommittee of
the Virginia State Bar issued a Public Reprimand
with Terms to John George Crandley for violations
of DR1-102(A)(3), DR7-102(A)(1), DR 7-105(A),
and DR 7-105(C)(5). These Disciplinary Rules require
a lawyer to refrain from committing a crime or
other deliberately wrongful act which reflects
adversely on his fitness to practice law, to refrain
from conducting a defense or take other action
when it is obvious such action serves to merely
harass or maliciously injure another, to refrain
from disregarding a ruling made in the course
of a proceeding and to refrain from intentionally
or habitually violating any established rule of
procedure or evidence.
On December 8, 1997, Mr. Crandley appeared before
Judge Robert B. Cromwell, Jr. in Virginia Beach
Circuit Court representing a defendant in a personal
injury case. During jury selection, Mr. Crandley
objected to a ruling by Judge Cromwell and repeatedly
refused to abide by the ruling. Judge Cromwell
held Mr. Crandley in contempt of court and sentenced
him to 10 days in jail and a $50 fine; however,
Mr. Crandley then asked for and received permission
to purge himself of the contempt, and eventually
did so. The trial of the case then proceeded,
but a mistrial was later declared for reasons
other than Mr. Crandley's conduct.
The Terms require Mr. Crandley to continue counseling,
to avoid being held in contempt of court and to
not engage in any conduct arising out of an appearance
before any tribunal which is subsequently determined
to be a violation of a Rule of Professional Conduct
for a five year period from the date of the Subcommittee
Determination.
August
2, 2000
John Max Barger, Davis & Brynteson, P.C., Suite
400, One Greenbrier Pt., 1401 Greenbrier Parkway,
Chesapeake, Virginia 23320
VSB Docket No. 99-010-1627
John Max Barger came before a panel of the Virginia
State Bar Disciplinary Board on July 28, 2000, on
charges that he had violated DR 1-102(A)(3) and
(4) in connection with the execution of a trust
agreement by a power of attorney after the death
of the grantor. The Board sustained the respondent's
motion to strike on the basis that the Bar failed
to prove a prima facie case of deliberately wrongful
misconduct, deceit and misrepresentation.
August
2, 2000
Thomas Eugene Burks, Courthouse Square, Suite 208,
9300 Peabody Street, Manassas, Virginia 20110-2538
VSB Docket Nos. 00-053-3085, 00-053-3086, 01-053-0003
The matters of Thomas Eugene Burks, VSB Docket Nos.
00-053-3085, 00-053-3086, and 01-053-0003 came before
a duly convened panel of the Virginia State Bar
Disciplinary Board on July 28, 2000.
The Board has found from the evidence presented
that Mr. Burks' violated several Disciplinary Rules,
including DR 1-102(A)(3) and (4); DR 6-101(C) and
(D); DR 9-102((A)(1) and (2) and (B)(1), (2), (3)
and (4); and Rule 1.4 (a),(b) and (c); Rule 1.15
(a)(1),(2) and (c)(1),(2),(3) and (4); Rule 8.4
(b)(c).
The above violations involve embezzlement of client
funds, keeping clients reasonably informed, preserving
the identity of client funds and proper trust accounting,
and conduct involving deliberately wrongful acts,
dishonesty, and deceit. Based upon the uncontroverted
evidence, over $100,000 in various clients' funds
are missing and unaccounted for as a result of Mr.
Burks' violations, the Disciplinary Board revoked
Mr. Burks' license to practice law within the Commonwealth
of Virginia effective July 28, 2000.
August
2, 2000
John A. Field, III, Suite 304, 1483 Chain Bridge
Road, McLean, Virginia 22010
VSB Docket No. 00-000-3226
The matter of John A. Field, III, VSB Docket No.
00-000-3226 came before a duly convened panel of
the Virginia State Bar Disciplinary Board on July
28, 2000.
The Board has found from the evidence presented
that Mr. Field pled guilty and was convicted by
the United States District Court for the District
of New Hampshire of two felonies: engaging in a
pattern of racketeering in violation of 18 U.S.C.
Section 1962(c) (Racketeer Influenced and Corruption
Organizations [RICO]) and engaging in monetary transactions
in property derived from unlawful activity in violation
of 18 U.S.C. Section 1957. Based upon these findings,
the Disciplinary Board revoked Mr. Field's license
to practice law within the Commonwealth of Virginia
effective July 28, 2000.
August
2, 2000
Francisco Alberto Laguna, 2401 East Elm Street,
P.O. Box 40397, Tucson, AZ 85719
VSB Docket No. 00-000-3230
Francisco Alberto Laguna petitioned the Virginia
State Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on July 26, 2000. The board accepted the
petition and revoked his license on July 26, 2000.
Summaries of the charges will be forwarded to the
Virginia Supreme Court.
August
2, 2000
George Levin Smith, Jr., 135 King's Way Mall, P.O.
Box 160, Hampton, Virginia 23669-0160
VSB Docket Nos. 98-010-1126, 00-010-0119, 00-010-0369,
00-010-1080, 00-010-1298
00-010-2104 and 00-010-2148
George Levin Smith, Jr., petitioned the Virginia
State Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on June 28, 2000. The board accepted the
petition and revoked his license on June 28, 2000.
Summaries of the charges will be forwarded to the
Virginia Supreme Court.
August
2, 2000
Bradley Coblentz Snowden, 1164 Winchester Avenue,
Martinsburg, West Virginia 25402
VSB Docket No. 00-000-3280
Bradley Coblentz Snowden's license to practice law
in the Commonwealth of Virginia was suspended with
terms for three (3) months to run concurrently with
the discipline imposed by the Supreme Court of Appeals
of West Virginia on June 15, 2000. This reciprocal
discipline was imposed based on an order of suspension
imposed by the Supreme Court of Appeals of West
Virginia in a proceeding styled Lawyer Disciplinary
Board vs. Bradley C. Snowden, etc. on April
19, 2000.
July
18, 2000
Karen Marie Asprinio, 22 Mason Street, West Warwick,
RI 02893
VSB Docket No. 00-051-1129
On June 23, 2000, pursuant to an Agreed Disposition,
the Virginia State Bar Disciplinary Board issued
a Public Reprimand to Karen Marie Asprinio for violations
of DR1-102(A)(3)and (4), DR 2-108 (D), DR 6-101(A)(B)(C)
and (D), and DR 9-102(A)(1)and (2).
The Complainant hired Ms. Asprinio to file a Chapter
7 bankruptcy petition in the United States Bankruptcy
Court, Western District of Virginia, and paid Ms.
Asprinio a flat fee, including costs. The Complainant
also asked Ms. Asprinio to reaffirm the Complainant's
car loan. Ms. Asprinio did file the petition, but
failed to appear for the creditor's hearing or reaffirm
the Complainant's car loan.
Shortly after agreeing to represent the Complainant,
Ms. Asprinio moved to Rhode Island and failed to
so inform the Complainant. Approximately a week
before the creditor's meeting, the Complainant received
a letter from Ms. Asprinio stating she had moved
and would not be present for the hearing, but that
another attorney would be there on the Complainant's
behalf. The Complainant appeared for the creditor's
hearing with the letter, but no other attorney appeared
to assist her. The Complainant was allowed to proceed
on her own and did receive a discharge.
Thereafter, the Complainant learned her car loan
had not been reaffirmed. The Complainant called
the Respondent in Rhode Island and asked Ms. Asprinio
to fix the problem. Ms. Asprinio agreed to move
the court to reopen the matter. Ms. Asprinio did
file a motion to reopen, which was denied because
Ms. Asprinio failed to pay the requisite filing
fee. Prior to this date, the court had stopped accepting
checks from Ms. Asprinio because of the number of
"insufficient funds" checks she had presented to
the court. The Complainant's car was repossessed.
The Complainant hired new counsel who corrected
the problem with the Complainant's car. The Complainant
attempted to get a refund of the fees and costs
she had paid Ms. Asprinio, but was only able to
get a refund after filing complaints with the Virginia
and Rhode Island Bars.
July
18, 2000
James Dudley Young, 4031 Chain Bridge Road, Fairfax,
Virginia 22030
VSB Docket No. 98-053-2308
By ordered entered June 29, 2000, pursuant to an
Agreed Disposition, the Virginia State Bar Disciplinary
Board issued a Public Reprimand to James Dudley
Young for violations of DR 6-101(B) and DR 7-101(A)(1)
and (2).
Mr. Young was retained to represent Eugene Harold
Westbrook on a charge of rape. During the first
day of the trial, Mr. Westbrook became concerned
about Mr. Young's representation and attitude. During
a recess, Mr. Westbrook asked to speak with the
judge, but was not allowed to do so. After the recess,
Mr. Young moved the court to be allowed to withdraw
as Mr. Westbrook's counsel, but the judge denied
his motion.
Thereafter, Mr. Young failed to cross-examine the
alleged victim and the Commonwealth's next two witnesses,
and renewed his motion to withdraw. The judge became
concerned, and after the evening recess, called
a member of the Public Defender's Office and asked
her to mediate between Mr. Young and Mr. Westbrook.
The next morning, Mr. Young renewed his motion to
withdraw, and Mr. Westbrook asked that the motion
be granted and a mistrial be declared. During argument
on the motions, an investigator hired by Mr. Young
testified he heard Mr. Young state to Mr. Westbrook
that he would sit at the defense table but would
" not do a damn thing." The motions were granted.
After the motion was granted, the judge reviewed
the court reporter's audio of tape of the trial
and discovered that the tape had inadvertently been
left on during the recess and recorded a conversation
between Mr. Young and Mr. Westbrook in which Mr.
Young stated to Mr. Westbrook:
You
want another lawyer? You going to get another lawyer?
Did you call one? You better go call one, if you want
one, because I'm not going to represent you anymore.
I'll tell you that. I mean I'll sit here, but I'm
not saying a damn thing.
July
18, 2000
Thomas Eugene Burks, Courthouse Square, Suite 208, 9300
Peabody Street, Manassas, Virginia 20110-2538
VSB Docket Nos. 00-053-3085, 00-053-3086, 01-053-0003
The Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Burks by order dated
July 13, 2000, upon petition of Bar Counsel, pursuant
to the Rules of the Supreme Court of Virginia, Part
6, Section IV, Para. 13(C)(5)(i).
On May 19, 2000, a receiver was appointed by the Circuit
Court of Prince William County, Virginia, for Mr. Burks'
law practice at the request of the Virginia State Bar.
After the appointment of the receiver, the receiver
and the Bar began reviewing Mr. Burks' open files and
trust account records and spoke with a number of Mr.
Burks' clients. From the records reviewed and the interviews
conducted to date, it appears that Mr. Burks settled
at least one personal injury case without so informing
his client and stole the client's portion of the settlement,
which was in excess of $50,000.00. In other cases, Mr.
Burks appears to have settled cases, and failed to pay
the medical providers as indicated on the settlement
disbursement sheets and taken that money for his own
personal use. The review of cases has not been completed.
A hearing will be held on July 28, 2000, before the
Virginia State Bar Disciplinary Board to show cause
why Mr. Burks' license should not be further suspended
or revoked.
July
10, 2000*
Darwyn H. Lesh, 2418 South Bay Street, Georgetown, SC
29440
VSB Docket No. 00-000-3182
The Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Lesh by order dated
June 29, 2000. Mr. Lesh pled guilty in the United States
District Court for the Eastern District of Virginia
(Alexandria Division) to one count of attempting to
evade payment of federal taxes to the IRS for the tax
years 1980, 1983, 1984, 1985, 1986, 1988, 1989, 1991,
1992 and 1993, in violation of 26 U.S.C. Section 7201,
Criminal No. 99-CR-00439-001. By Order entered May 19,
2000, the court sentenced Darwyn H. Lesh to five (5)
months in federal prison, and five months of Home Confinement
with electronic monitoring and three years of supervised
release, plus restitution in the amount of $341,700.55.
A hearing will be held before the Virginia State Bar
Disciplinary Board on July 28, 2000, to show cause why
Mr. Lesh's license should not be further suspended or
revoked. The summary suspension order was entered pursuant
to the Rules of the Supreme Court of Virginia, Part
6, Section IV, Paragraph 13 (E).
*On
July 28, 2000, the Virginia State Bar Disciplinary Board
granted a continuance until
August 25, 2000. Mr. Lesh's license remains suspended
until further order of the board.
July 10, 2000
Bradley Coblentz Snowden, 1164 Winchester Avenue, Martinsburg,
West Virginia 25402
VSB Docket No. 00-000-3280
The Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Snowden by order dated
June 29, 2000. Mr. Snowden has been suspended for three
(3) months with terms from the practice of law by the
Supreme Court of Appeals of West Virginia effective
June 15, 2000, in Case No. 24229. A hearing will be
held before the Virginia State Bar Disciplinary Board
on July 28, 2000, to show cause why Mr. Snowden's license
should not be further suspended or revoked. The summary
suspension order was entered pursuant to the Rules of
the Supreme Court of Virginia, Part 6, Section IV, Paragraph
13 (G).
July
10, 2000
John A. Field, III, Suite 304, 1483 Chain Bridge Road,
McLean, Virginia 22010
VSB Docket No. 00-000-3226
The Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Field by order dated
June 29, 2000. Mr. Field pled guilty in the United States
District Court for the District of New Hampshire to
(1) engaging in a pattern of racketeering in violation
of 18 U.S.C. Section 1962(c) (Racketeer Influenced and
Corruption Organizations [RICO]) and (2) engaging in
monetary transactions in property derived from unlawful
activity in violation of 18 U.S.C. Section 1957, Criminal
No. 98-165-01-JD. A hearing will be held before the
Virginia State Bar Disciplinary Board on July 28, 2000,
to show cause why Mr. Field's license should not be
further suspended or revoked. The summary suspension
order was entered pursuant to the Rules of the Supreme
Court of Virginia, Part 6, Section IV, Paragraph 13
(E).
July
10, 2000
Janice McPherson Doxey, 1600 First Virginia Bank Tower,
555 Main Street, Norfolk, Virginia 23510
VSB Docket No. 00-021-1451
Janice McPherson Doxey petitioned the Virginia State
Bar Disciplinary Board to surrender his license to practice
law in Virginia with disciplinary charges pending on
July 7, 2000. The board accepted the petition and revoked
his license on July 7, 2000. Summaries of the charges
will be forwarded to the Virginia Supreme Court.
July
10, 2000
Francisco Alberto Laguna, 2401 East Elm Street, P.O.
Box 40397, Tucson, AZ 85719
VSB Docket No. 00-000-3230
The Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Laguna by order dated
June 29, 2000. Mr. Laguna pled guilty in the United
States District Court for the Southern District of Florida
to (1) Conspiracy to Import Cocaine, in violation of
21 U.S.C. Section 952(a) and (2) Obstruction of Justice,
in violation of 18 U.S.C. Section 1503, Criminal No.
93-CR-00470-001. By Order entered July 12, 1999, the
court sentenced Francisco Alberto Laguna to a prison
term of 53 months, with immediate release and the balance
of the sentence to be served as home confinement, with
a three (3) year period of supervised release. A hearing
will be held before the Virginia State Bar Disciplinary
Board on July 28, 2000, to show cause why Mr. Laguna's
license should not be further suspended or revoked.
The summary suspension order was entered pursuant to
the Rules of the Supreme Court of Virginia, Part 6,
Section IV, Paragraph 13 (E).
Disciplinary
Actions January 2000 - June 2000
Disciplinary
Actions July 1999 - December 1999
Disciplinary
Actions January 22, 1999 - June 1999
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