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Disciplinary Actions Taken by the
Virginia State Bar
July
2002–December 31, 2002
archives
December
26, 2002*
Charles
Anthony DiFazio, 10 Barton Way, Mt. Laurel, NJ 08054
VSB
Docket No. 03-000-1835
On
December 26, 2002, the Virginia State Bar Disciplinary
Board summarily suspended the license of Charles Anthony
DiFazio. The suspension was based upon the decision of
the Bar of the Commonwealth of Pennsylvania, to disbar
on consent Mr. DiFazio's license to practice law in Pennsylvania.
Mr. DiFazio is ordered to appear before the Virginia State
Bar Disciplinary Board on January 24, 2003, to show cause
why the same discipline that was imposed in the other
jurisdiction should not be imposed by the Board.
*On
January 24, 2003, the Disciplinary Board revoked Charles
Anthony DiFazio’s license to practice law in Virginia.
go
to opinion (posted 2/11/03)
December
26, 2002*
Samuel
George Kooritzky, 8138 Boss Street, Vienna, Virginia 22182
VSB
Docket No. 03-000-0161
On
December 26, 2002, the Virginia State Bar Disciplinary
Board summarily suspended the license of Samuel George
Kooritzky. The suspension was based upon Mr. Kooritzky's
conviction on December 11, 2002, of 57 felony counts in
the United States District Court for the Eastern District
of Virginia, Alexandria Division. Mr. Kooritzky is ordered
to appear before the Virginia State Bar Disciplinary Board
on January 24, 2003, in order to determine whether revocation
or further suspension is appropriate.
*On
January 22, 2003, Samuel George Kooritzky consented to
the revocation of his license to practice law.
December
26, 2002
STEVEN
JAY MARSEY, 511 Bunker Drive, Virginia Beach, Virginia
23462-4507
VSB
Docket No. 99-010-1755
On
August 29, 2002, a three-judge panel of the Circuit Court
for the City of Virginia Beach revoked the law license
of Virginia Beach attorney Steven Jay Marsey.
The Court found that Mr. Marsey committed a crime or other
deliberately wrongful act, and that he engaged in acts
of fraud, deceit, or misrepresentation reflecting adversely
on his fitness to practice law. The Court also found that
he wrongfully pursued litigation for the sole purpose
of embarrassing and harassing another person. The findings
derived from Mr. Marsey's attempted embezzlement of fees
from his law firm, concealment of the case that generated
the fees, misrepresentation of his employment status to
outside counsel, and his threat of litigation against
the outside counsel if it paid the fees to Mr. Marsey's
law firm instead of to Mr. Marsey directly. He also filed
a lawsuit against his former employer for the sole purpose
of embarrassing him, and attempted to encourage other
attorneys to do the same.
Following
a series of motions and a post-trial hearing, the three-judge
court entered the order of revocation on December 12,
2002.
go
to opinion
go
to certification
December
26, 2002*
David
Roland Page, 1003 Westbriar Drive, Vienna, Virginia 22180
VSB
Docket No. 03-000-0061
On
December 26, 2002, the Virginia State Bar Disciplinary
Board summarily suspended the license of David Roland
Page. The suspension was based upon Mr. Page's conviction
in the Circuit Court of Fairfax County of driving while
intoxicated, third or subsequent offense within ten years.
Mr. Page is ordered to appear before the Virginia State
Bar Disciplinary Board on January 24, 2003, in order to
determine whether revocation or further suspension is
appropriate.
*
Mr. Page surrendered his license to practice law and it
was revoked on January 15, 2003.
December
26, 2002
Jeffrey
Bourke Rice, Esq., 10521 Judicial Dr., Suite 307, Fairfax,
VA 22030
VSB
Docket Numbers 03-052-0898
On November 19, 2002, after a show cause hearing, the
Fifth District Committee, Section II imposed a public
reprimand against Jeffrey Bourke Rice, the alternative
disposition in a matter the Committee had previously heard.
On February 14, 2002, a subcommittee of the Fifth District
Committee, Section II had imposed a private reprimand
with terms against Mr. Rice, in accordance with an agreement
between Respondent and Bar Counsel. Mr. Rice failed to
complete any of the terms of that Disposition.
In 1999, a client paid Mr. Rice $2,000 in advance fees
to represent him in a property settlement and divorce.
After a hearing, the client fired Mr. Rice because he
felt Mr. Rice had not represented him well. The client
hired new counsel and asked Mr. Rice to send that new
counsel his file and the unearned portion of his fee,
as well as an accounting of the fees that Mr. Rice had
earned. Mr. Rice turned over the case file to the new
counsel but not the unearned fees, and never provided
a fee accounting to his former client. Mr. Rice also failed
to inform the new counsel when he, instead of the new
counsel, was noticed by opposing counsel of a hearing
date.
go
to opinion
December
26, 2002*
**
Bernice
Marie Stafford Turner, Post Office Box 1671, Halifax,
Virginia 24557
VSB
Docket No. 01-032-1113
On
November 8, 2002, a panel of the Third District Committee,
Section Two, issued a Public Reprimand to Bernice Marie
Stafford Turner. The Committee found that Ms. Turner committed
an act of fraud, deceit, or misrepresentation by advising
a circuit court and opposing counsel that she would promptly
record a deed, and then never recording the deed at all.
No one knew that she had failed to record the deed as
promised until years later when the adverse party received
a tax lien relating to the property in questions. The
pertinent Disciplinary Rule is DR 1-102(A)(4).
*
On November 26, 2002, Ms. Turner filed an appeal to
the Virginia State Bar Disciplinary Board.
**On
March 6, 2003, the Disciplinary Board dismissed the
appeal filed by Bernice Marie Stafford Turner and affirmed
the Public Reprimand issued by the Third District Committee,
Section II.
go
to opinion (posted 4/9/03)
December
18, 2002 *
Robert Dean Eisen, 142 West York Street, Suite
718, Norfolk, Virginia 23510-2015
VSB Docket No. 03-000-1717
The Virginia State Bar Disciplinary Board suspended Robert
Dean Eisen's license to practice law based on a disability.
The action was by agreement of the bar, Mr. Eisen, his
attorney, and his guardian ad litem. The suspension will
remain in effect until further order of the board.
*On September 4, 2003, the Virginia State Bar
Disciplinary Board lifted the Impairment Suspension.
December
13, 2002
James
Kevin Clarke, 1325 Greycourt Avenue, Richmond, Virginia
23227
VSB
Docket Nos. 00-031-2428, 01-031-0039, 01-031-1085, 01-031-2626,
01-031-3163 and 02-031-1723
Based
upon stipulated findings of fact and misconduct, the Disciplinary
Board issued a public reprimand with terms to James Kevin
Clarke for failing to communicate with clients in six
matters and failing to comply with the bar's demands for
information with respect to the client matters. The
terms imposed require Mr. Clarke, among other things,
to be seen and evaluated by a medical professional and,
if ordered, to undertake a supervised course of treatment.
If Mr. Clarke fails to comply with the terms, his license
to practice law will be suspended for two years.
go
to opinion (updated 1/23/03)
December
13, 2002
Barry Randolph Koch, Suite 200, 575 Lynnhaven Parkway,
Virginia Beach, VA 23452-6715
VSB Docket No. 02-021-0258
On
December 13, 2002, the Disciplinary Board issued an admonition
to Barry Randolph Koch for neglecting a client's domestic
relations matter and failing to communicate to her about
its status. Mr. Koch appealed a determination of the Second
District Committee—Section I, which had issued the
more severe sanction of a public reprimand. In issuing
the admonition, the board affirmed the district committee's
findings that Mr. Koch had neglected the matter by performing
little if any work over the course of 4-6 months and failing
to respond to over twenty telephone calls of the client.
go
to opinion
December
11, 2002
Paul
Byron Collins, Jr., P.O. Box 727, Purcellville, VA 20134-0727
VSB
Docket Nos. 02-070-1280 & 02-070-1433
On December
9, 2002, the Disciplinary Board accepted an agreed disposition
in two cases concerning Paul Byron Collins, Jr. In one
case, Mr. Collins was given a public reprimand with terms
because he failed to communicate with his client, lacked
diligence and refused to withdraw from the case. In the
other case, he received a six month suspension of his
law license for practicing law without a license. Mr.
Collins appeared in the Circuit Court of Loudoun County
after his license was suspended for failure to pay bar
dues and meet his MCLE requirements. Mr. Collins initially
denied the suspension but upon further questioning by
the judge admitted he was suspended.
go
to opinion 02-070-1280
go
to opinion 02-070-1433
December
11, 2002
William
August Boge, Suite 103, 9315 Center Street, Manassas,
VA 20110
VSB
Docket Nos. 00-053-2749, 00-053-3273, 001-053-0751, and
01-053-1830
On
December 9, 2002, pursuant to an agreed disposition, the
Virginia State Bar Disciplinary Board suspended William
August Boge's license to practice law for a period of
60 days, effective January 1, 2003. Mr. Boge failed to
return client files when requested to do so; failed to
act with reasonable diligence while representing clients;
failed to keep clients reasonably informed and provide
them with information concerning their cases; failed to
protect clients' interests upon termination of his services;
and failed to respond to bar complaints.
go
to opinion
December
3, 2002
Tara Marie McCarthy, McCarthy & Massie, P.C.,
Suite 104, 9315 Center Street, Manassas, VA 20110
VSB Docket No. 00-042-3188
On November 20, 2002, a three judge court sitting in the
Circuit Court for the City of Alexandria suspended Tara
Marie McCarthy's license to practice law for thirty days,
effective November 22, 2002. This was an agreed disposition
of misconduct charges against Ms. McCarthy. The court
found that in defending a medical malpractice claim, Ms.
McCarthy designated defense expert witnesses who had not
consented to testify, and that she made false and misleading
statements in such designations regarding the experts'
professional opinions. The court further found that as
a result of Ms. McCarthy's conduct, plaintiff's counsel
expended substantial amounts of time and expense in attempting
to schedule depositions of experts.
go
to opinion
go
to agreed disposition
December
3, 2002
Francis
Sullivan Callahan, 229 West Bute Street, Suite 630, Norfolk,
Virginia 23510
VSB
Docket No. 01-021-2010
On November 15, 2002, a three judge court sitting in the
Circuit Court of the City of Norfolk entered an order
suspending Francis Sullivan Callahan's license to practice
law for a period of 45 days, beginning November 17, 2002.
The suspension was based on Mr. Callahan's arrest and
guilty plea to criminal drug charges of "attempt to purchase
ecstasy," under which he was sentenced as a first-offender.
Mr. Callahan also served a 15 day summary license suspension,
which began on February 26, 2001.
go
to opinion
December
3, 2002
William
Thomas Fitzhugh, 9830 Lori Road, P.O. Box 145, Chesterfield,
VA 23832-0145
VSB
Docket No. 03-031-1004
On November
13, 2002, the Third District Committee, Section I, held
a show cause hearing to determine whether William Thomas
Fitzhugh had failed to fulfill a term associated with
a private reprimand with terms that the district committee
previously issued by agreement. The district committee
found that Mr. Fitzhugh failed to show that he complied
with a term requiring him to prepare a written office
policy outlining his procedures for accepting incoming
clients and imposed the alternate sanction of a public
reprimand.
go
to opinion
December
3, 2002
Jay
Lawrence Pickus, 406 West Franklin Street, Richmond, Virginia
23220
VSB
Docket Nos. 02-033-0698 & 02-033-3001
On November 7, 2002, a subcommittee of the Virginia State
Bar Third District Committee, Section III, approved two
agreed dispositions of disciplinary charges pending against
Jay Lawrence Pickus.
Mr. Pickus
received a public reprimand with terms for depositing
flat fees in his operating account before he earned
them and not being able to account for how the fees
were disbursed. No later than January 31, 2003, Mr.
Pickus must certify to the bar in writing that he has
obtained, at his own expense, the services of a law
office management expert, who will review Mr. Pickus's
trust account records and proper trust account procedures.
In
the second matter, Mr. Pickus also received a public
reprimand. In that case, he failed to notify a juvenile
and domestic relations district court judge that he
wished to withdraw as counsel for a client who could
not pay his fee, failed to appear for a previously scheduled
hearing and was fined $50 after he failed to appear
for a show cause hearing.
go
to opinions
December
3, 2002
Madeleine
Marie Reberkenny, 108 North Saint Asaph Street, Alexandria,
Virginia 22314
VSB
Docket No. 03-000-1084
On
November 22, 2002, the Virginia State Bar Disciplinary
Board revoked Madeleine Marie Reberkenny's license to
practice law. The board found that Ms. Reberkenny had
repeatedly failed to comply with the Rule of the Virginia
Supreme Court that requires an attorney whose license
is suspended to notify her clients of the suspension.
The board entered four previous orders suspending Ms.
Reberkenny's license: one for misconduct; one for failure
to comply with the notice requirement; and two for failure
to pay disciplinary costs. In each case, she did not comply
with the notice requirements of the order and the rule.
go
to opinion
December
3, 2002
Jeffrey
Theodore Twardy, 4160 Chain Bridge Road, Fairfax, VA 22030
VSB
Docket Nos. 01-053-1952, 01-053-2292,
02-053-2048,
02-053-2569,
02-053-3118,
02-053-4065
On
November 21, 2002, Jeffrey Theodore Twardy consented to
the revocation of his license to practice law. At the
time, Mr. Twardy was charged by the Virginia State Bar
with neglecting matters undertaken on behalf of clients,
failing to communicate with his clients, failing to return
file materials to clients and refund unearned fees, failing
to furnish the bar with information, obstructing the bar's
investigation of complaints, and the deliberate commission
of wrongful acts reflecting adversely on his fitness as
a lawyer.
November
22, 2002
Michael
Wills Cullinan Harris, Suite 500B, 3108 North Parham Road,
Richmond, VA 23294
VSB
Docket No. 03-000-1085
On November
22, 2002, the Virginia State Bar Disciplinary Board found
that Michael Wills Cullinan Harris had
failed to fulfill the notice requirements of a suspended
attorney in accordance with Rules of Court, Part Six,
Section IV, Paragraph 13.M., formerly Paragraph 13.K(1).
Upon this finding, and because Mr. Harris is under a disability
suspension, the board imposed a five day suspension of
license to be effective upon the termination of the disability
suspension.
go
to opinion
November
20, 2002
Jesse
Edgar Demps, Suite 400, 430 Crawford Street, Post Office
Box 1392, Portsmouth, Virginia, 23704
VSB Docket No. 00-000-3409
On November
18, 2002, the Virginia State Bar Disciplinary Board
issued an admonition and fined Jesse Edgar Demps $500
for violations of the Virginia Consumer Real Estate
Settlement Protection Act (CRESPA). This was an agreed
disposition of the charges. Mr. Demps conducted a residential
real estate closing without ensuring that his CRESPA
certification was current. His certification had been
cancelled because of his failure to pay the premium
on the required surety bond. Mr. Demps also failed to
have the required fidelity bond in place when he conducted
the closing.
go
to opinion
November
20, 2002
Vincent
James Ventura, 406 Amelia Street, Fredericksburg, VA 22401-3822
VSB Docket #02-060-1239
On
November 18, 2002, a subcommittee of the Sixth District
Committee issued a dismissal with terms to Vincent James
Ventura. This was an agreed disposition of disciplinary
charges against Mr. Ventura. The charges arose out of
Mr. Ventura's representation of a client in a divorce,
his failure to handle the matter diligently and promptly,
and his failure to keep his client reasonably informed
about the case and comply with reasonable requests for
information.
go
to opinion
November
1, 2002
Warren
Anthony Picciolo, Suite 212, 57 South Main Street, Harrisonburg,
VA 22801
VSB
Docket No. 02-070-0732
On
October 21, 2002, the Seventh District Committee of
the Virginia State Bar publicly reprimanded Warren Anthony
Picciolo for failing to communicate with his client
and return his client's file. Mr. Picciolo's client
attempted to contact Mr. Picciolo regarding the collection
of a judgment, but he failed to answer any of the client's
phone calls, e-mails or letters. He also failed to withdraw
from the client's case and failed to return his client's
file upon his termination. Mr. Picciolo's failure to
communicate with the client left the client unable to
make informed decisions about his case. Mr. Picciolo
failed to protect his client's interests because he
failed to send the client his file and his judgment
check.
go
to opinion
November
1, 2002
PAUL
D. BRADSHER , 932 Gates Avenue, Norfolk, VA 23517-1621
VSB
Docket No. 00-021-2416
A
three judge panel of the Norfolk Circuit Court suspended
Paul D. Bradsher's law license for a period of thirty
days, effective November 1, 2002, for unlawful wounding
and assault and battery. The suspension was an agreed
disposition of disciplinary charges against Mr. Bradsher.
His acts violated disciplinary rules prohibiting lawyers
from engaging in criminal or deliberately wrongful acts
reflecting adversely on the lawyer's honesty, trustworthiness,
or fitness as a lawyer. In addition to the discipline
imposed, Mr. Bradsher served 90 days in jail, and completed
substance abuse and anti-domestic violence programs.
go
to opinion
October
29, 2002*
Joseph
Dee Morrissey, Seven South Adams Street, Richmond, Virginia
23220-5601
VSB
Docket Number 03-000-1139
On
October 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Joseph Dee Morrissey's license.
The suspension was based upon the decision of the United
States District Court, Eastern District of Virginia,
to disbar Mr. Morrissey from practice in the Eastern
District of Virginia. The decision was affirmed by the
United States Court of Appeals for the Fourth Circuit.
Mr. Morrissey is ordered to appear before the Virginia
State Bar Disciplinary Board on November 22, 2002, to
show cause why his license to practice law in the Commonwealth
of Virginia should not be further suspended or revoked.
At
the time of the board's action, Mr. Morrissey was already
under a three year license suspension and was not eligible
to practice law in Virginia.
*On
November 4, 2002, Joseph Dee Morrissey demanded a three-judge
court proceeding pursuant to Virginia Code Section 54.13935.
October
29, 2002
Ernest
Pleasants Gates, Jr., Suite A, 6601 Irongate Square,
Richmond, Virginia 23234
VSB
Docket No. 01-031-3083
On
October 9, 2002, the Virginia State Bar Third District
Committee, Section I, issued a public reprimand to Ernest
Pleasants Gates, Jr. for neglecting an appeal from the
Court of Appeals to the Supreme Court of Virginia for
a client for whom he served as court appointed counsel
at trial and on appeal. The committee considered Mr.
Gates' prior disciplinary record in issuing the public
reprimand.
go
to opinion
October
28, 2002
Francis
Gerald McBride, Esq., 10560 Main St., Suite 514, Fairfax,
VA 22030-7812
VSB
Docket Numbers 01-051-1728 and 02-051-2473
The
Virginia State Bar Fifth District Committee publically
reprimanded Francis Gerald McBride on October 15, 2002.
In 1994, Mr. McBride qualified as executor of his grandmother's
estate. Over the next eight years, he failed to file
estate accountings on time. The commissioner of accounts
issued numerous summonses to Mr. McBride regarding his
failure to file timely and accurate accountings. In
June of 2001, the Fifth District Committee disciplined
Mr. McBride and ordered him to close the estate by November
of 2001. As of October of 2002, Mr. McBride still had
not closed the estate and was delinquent in filing the
latest accounting.
go
to opinion
October
25, 2002*
**
PAUL
CORNELIOUS BLAND, Post Office Box 402, Petersburg, VA
23804-0402
VSB
Docket #03-000-0870
On October
25, 2002, the Virginia State Bar Disciplinary Board
found that Paul Cornelious Bland violated the term of
an agreed disposition and imposed the alternate disposition
of an 18 month suspension. The board had previously
accepted an agreed disposition providing, among other
things, that Mr. Bland would not accept any new clients
who required more than office consultations or document
preparation between April 26, when the board accepted
the agreement, and August 16, 2002, when Mr. Bland's
four month disciplinary suspension took effect. Contrary
to the agreement, Mr. Bland accepted new court appointments
to serve as guardian ad litem and appeared in court
on numerous occasions during the interim period.
*On
December 2, 2002, Mr. Bland filed an appeal to the
Virginia Supreme Court.
**On
April 10, 2003, the Virginia Supreme Court dismissed
the appeal filed by Paul Cornelius Bland.
go
to opinion
October
25, 2002
Peter Augustus Theodore, P.O. Box 49, Blacksburg,
Virginia 24063-0049
VSB
Docket No. 01-101-0653
On October 25, 2002, the Virginia State Bar Disciplinary
Board issued a public reprimand with terms to Peter
Augustus Theodore, for knowingly making a false statement
to a court. This was an agreed disposition of the charges.
Mr. Theodore executed an affidavit containing several
assertions the bar alleged to be false or misleading.
Under the sole term imposed, Mr. Theodore must immediately
change his license status to disabled and cannot subsequently
change that status without the approval of the bar or
the board. The board took Mr. Theodore's medical history
into consideration in issuing the public reprimand with
terms.
go
to opinion
October
23, 2002
Suzanne Elizabeth Macpherson-Johnson, P.O. Box
813, 301 South Governors Avenue, Dover, Delaware 19903-0813.
VSB Docket No. 02-031-0051
On October 9, 2002, the Virginia State Bar Third District
Committee, Section I, issued a public reprimand with
terms to Suzanne Elizabeth Macpherson-Johnson. Ms. Macpherson-Johnson
is an active member of the Delaware bar and an associate
member, not in good standing, of the Virginia bar.
In a Delaware bar proceeding, Ms. Macpherson-Johnson
stipulated that, while practicing law in Delaware, she
failed to file tax returns and pay state or federal
payroll taxes for her Delaware law practice; failed
to maintain her trust account records in compliance
with attorney disciplinary rules; and submitted false
certifications to the Delaware Supreme Court for the
years 1998, 1999 and 2000, indicating that she had filed
tax returns, paid all taxes due and properly maintained
her trust account records. The Delaware Supreme Court
publicly reprimanded Ms. Macpherson-Johnson and imposed
terms, including a two-year probationary period. The
Third District Committee imposed the same terms as the
Delaware Supreme Court.
go
to opinion
September
30, 2002*
Geoffrey
Duane Thomas, 13304 Ector Drive, Baker, Louisiana 70714
VSB
Docket No. 02-000-3863
On
September 27, 2002, the Virginia State Bar Disciplinary
Board summarily suspended the license of Geoffrey Duane
Thomas. The suspension was based upon the Supreme Court
of Louisiana's revocation of Mr. Thomas' license to
practice law in Louisiana. Mr. Thomas is ordered to
appear before the Virginia State Bar Disciplinary Board
on October 25, 2002 to show cause why his license to
practice law in the Commonwealth of Virginia should
not be further suspended or revoked.
*October
29, 2002
Geoffrey
Duane Thomas,13305 Ector Drive, Baker, Louisiana 70714
VSB
Docket Number 02-000-3863
On
October 25, 2002, the Virginia State Bar Disciplinary
Board dismissed, without prejudice, the show-cause
proceedings against Geoffrey Duane Thomas on the basis
that the notice was inadequate. This action terminates
the interim suspension of Mr. Thomas' license to practice
law in Virginia. The board may reinitiate the proceedings
in the future.
go
to opinion
September
30, 2002
Robert Allen Williams, Courthouse Square, 45 Jones Street,
Martinsville, VA 24112
VSB Docket No. 00-090-1269
On September 16, 2002, a three judge panel sitting in
the Circuit Court of the City of Martinsville issued
an order dismissing with terms charges that Robert Allen
Williams violated the rule requiring legal fees to be
reasonable and adequately explained. Pursuant to an
agreed disposition by the Virginia State Bar and Mr.
Williams, the charges will be dismissed if Mr. Williams
changes his fee agreements to inform his clients in
writing that any legal fees that he charges claimants
before the Virginia Workers Compensation Commission
will be subject to the approval and award of the commission.
go
to opinion
September
30, 2002
Arthur C. Ermlich, Suite B, 5477 Greenwich Road, Virginia
Beach, VA 23462
VSB Docket No. 01-021-0178
On September 27, 2002, the Disciplinary Board suspended
the license of Virginia Beach attorney Arthur C. Ermlich
for a period of three years. The Board found Mr. Ermlich
violated numerous trust account rules by withholding
over $16,000 from a client's personal injury settlement,
promising the client and her healthcare providers that
he would pay the funds to the healthcare providers,
and failing to do so until his client filed a bar complaint.
The board also found Mr. Ermlich violated his duty to
keep his client informed about the status of her case
by failing to advise her of his delay in paying over
the funds and to respond to her requests for information
about payments to her healthcare providers.
go
to opinion
September
27, 2002* **
David
Thomas Daulton, 125 St. Paul's Boulevard, Suite 302,
Norfolk, Virginia 23510
Virginia
State Bar Docket No. 99-021-1487
On September
27, 2002, the Virginia State Bar Disciplinary Board
revoked David Thomas Daulton's license to practice law.
The board found that Mr. Daulton, during a five month
period, used client trust funds to pay the operating
expenses of his law office, that he failed to keep appropriate
account records during that time, and that he was untruthful
to the bar during its investigation.
*On
December 12, 2002, Mr. Daulton filed an appeal to
the Virginia Supreme Court.
**On
March 12, 2003, the Virginia Supreme Court granted
David Thomas Daulton motion to withdraw appeal.
go
to opinion
go
to dissenting opinion
September
27, 2002
Terry
Lee Van Horn, 513 Forest Avenue, Richmond, Virginia
23229-6850
Virginia
State Bar Docket No. 03-000-0266
On September
27, 2002, the Disciplinary Board revoked Terry Lee Van
Horn's license to practice law in the Commonwealth of
Virginia for multiple failures to comply with the terms
imposed in connection with his three-year suspension
from the practice of law and the notice provisions incorporated
in the board's suspension order.
September
26, 2002*
Khalil
Wali Latif, 110 North Main Street, P.O. Box 593, Farmville,
VA 23901
VSB
Docket No. 03-000-0376
The Virginia
State Bar Disciplinary Board suspended Khalil Wali Latif's
license to practice law in Virginia, effective September
25, 2002. On August 5, 2002, the United States District
Court for the Western District of Virginia, Lynchburg
Division, entered an order holding Mr. Latif in contempt
of court for willful actions both in that court and
the United States District Bankruptcy Court for the
Western District of Virginia. The order bars Mr. Latif
from practicing law in any federal district court, bankruptcy
court or other federal court within the Western District
of Virginia for a period of eight months, beginning
July 25, 2002.
Mr. Latif
has been ordered by the Disciplinary Board to appear
before it on October 25, 2002, to show cause why his
license to practice law in the Commonwealth of Virginia
should not be further suspended or revoked.
*On
October 2, 2002, the Disciplinary Board stayed the show
cause suspension and continued the case generally.
September
24, 2002
Robert
Michael Abrams, 7202 Arlington Boulevard, Suite 209,
Falls Church, VA 22042
Virginia
State Bar Docket Nos. 99-051-2930, 99-051-2990, 01-051-2778,
01-051-3206
Robert
Michael Abrams petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in Virginia.
The Board accepted the petition and revoked his license
to practice law on September 24, 2002. At the time Mr.
Abrams surrendered his license, there were a number
of Bar complaints against him, alleging, among other
things, that he had neglected clients' cases, failed
in his fiduciary duty by using estate funds for the
benefit of other clients, paid himself inflated fees
from estate accounts, and defied a court order by paying
himself additional fees from an estate account.
September
24, 2002
William
McLeod Ferguson, III, 2600 Washington Avenue, Suite
204, Post Office Box 253 Newport News, Virginia 23607-0253
VSB
Docket Nos. 01-010-1409 and 01-010-1795
On
April 4, 2002, the First District Committee issued two
Public Reprimands with Terms to William McLeod Ferguson
in the above-referenced matters. Each case involved
neglect and failure to communicate in cases, resulting
in the losses to the clients of all available remedies.
One case was an estate matter in which the client lost
her opportunity to claim a share of the estate due to
neglect of the case. The other was a personal injury
matter in which liability was not an issue, but the
statute of limitations ran due to inattention and neglect
of the case. Mr. Ferguson appealed the decisions to
the Virginia State Bar Disciplinary Board, which dismissed
the appeals and affirmed the sanctions on September
12, 2002.
go
to opinion
September
19, 2002
Henry
Otis Brown, 116 South Sycamore Street, Petersburg, VA
23803
VSB
Docket #01-031-2272
On
September 18, 2002, the Third District Subcommittee
issued a public reprimand to Henry Otis Brown, by agreement,
for failing to perfect an appeal to the Supreme Court
of Virginia as court appointed counsel for a client,
who Mr. Brown represented at trial and upon appeal,
and for failing to communicate with his client about
the status of the client''s appeals. The subcommittee
took Mr. Brown's prior disciplinary record into consideration
in issuing the public reprimand.
go
to opinion
September
16, 2002
Stephen
Clark Maguigan, 750 Alum Springs Road, P.O. Box 751,
Basye, Virginia 22810-0751
VSB Docket
Nos. 99-070-1624 and 00-070-2839
The Disciplinary
Board revoked Stephen Clark Maguigan's license to practice
law on September 17, 2002, after he surrendered his
license. The matters set for hearing arose from his
failure to file appropriate accountings with the Commissioner
of Accounts concerning several hundred foreclosures
and sales, and his failure to record a deed of sale.
September
16, 2002
Charles
William Austin, Jr., 11930 Rothbury Drive, Richmond,
Virginia 23236
VSB
Docket No. 98-031-0127
On
September 12, 2002, the Virginia State Bar Disciplinary
Board issued a public reprimand, by agreement, to Charles
William Austin, Jr. In 1997, Mr. Austin sought contributions
from two partners in his law firm and an attorney friend
in Atlanta to purchase a list of potential clients.
In obtaining funds from these attorneys, he misrepresented
the source of the customer list. The source turned out
to be a convicted felon, who later pled guilty to various
felonies relating to his efforts to obtain the client
list for Mr. Austin.
go
to opinion
September
11, 2002
Charles
Robert Gray, Box 34386, Richmond, Virginia 23234
VSB
Docket No. 98-031-2859
Effective
September 9, 2002, a panel of three circuit court judges
sitting in Chesterfield County Circuit Court dismissed
the above-referenced case with terms. The terms include
probation for 5 years and that he refrain from practicing
as a sole practitioner for 5 years and return a file
to a client.
go
to opinion
August
30, 2002*
Anthony
J. Corizzi, P. O. Box 1636, Key West, FL 33041-1636
VSB
Docket No. 03-000-0585
The Virginia
State Bar Disciplinary Board suspended Anthony J. Corizzi's
license to practice law in Virginia, effective August
29, 2002. On July 25, 2002, the District of Columbia
Court of Appeals disbarred Mr. Corizzi from the practice
of law in the District of Columbia. Among other serious
disciplinary offenses giving rise to Mr. Corizzi's disbarment
were his having counseled two clients, in separate cases,
to commit perjury in their depositions.
Mr. Corizzi
has been ordered by the Disciplinary Board to appear
before it on September 27, 2002, to show cause why his
license to practice law in the Commonwealth of Virginia
should not be further suspended or revoked.
*
On September 27, 2002, the Virginia State Bar Disciplinary
Board revoked Anthony J. Corizzi's license to practice
law in Virginia. The revocation was based on an
order from the District Court of Appeals disbarring
Mr. Corizzi from the practice of law in that court.
go
to opinion
August
23, 2002
Paul
Charles Walsh, 3229 Alice Court, Falls
Church, VA 22042
VSB
Docket No. 00-051-2118
On
August 23, 2002, the Virginia State Bar Disciplinary
Board revoked Paul Charles Walsh's license to practice
law based on his violation of DR 1-102(A)(3)&(4).
In the June of 1999, Mr. Walsh presented the Clerk of
the Fairfax Circuit Court with a check for filings fees
in a divorce action which was returned marked NSF. Mr.
Walsh did not pay the filings fees owed for over six
months despite repeated notices by the Clerk's Office
that he needed to do so. Mr. Walsh also continued to
practice law after his license to practice was suspended
in October of 1999 for failure to pay bar dues.
go
to opinion
August
23, 2002
In
the Matter of Andrea Kimberly Amy-Pressey, 2907 Robert
Hunt North, Williamsburg, VA 23185-8335
VSB
Docket Nos. 00-061-2099, 00-061-2636, 00-061-2787 and
00-061-3285
On
August 23, 2002, the Virginia State Bar Disciplinary
Board revoked Andrea K. Amy-Pressey's license to practice
law and imposed two other suspensions on her license..
In
Docket No. 00-061-2099, the board that found Ms. Amy-Pressey
was responsible for a forged adoption order and a false
clerk's certification, was not competent to handle the
adoption matter, and failed to attend to it promptly
or adequately communicate with her clients. In this
matter, the board revoked her license.
In
Docket Nos. 00-061-2787 and 00-061-3285, the board found
that Ms. Amy-Pressey misrepresented the status of an
appeal to her client, lacked the competence necessary
to handle a criminal appeal, failed to promptly make
required filings, failed to communicate with her client
and his family, and failed to appropriately handle an
advance costs payment. In these cases, the board imposed
a three year suspension.
In
Docket No. 00-061-2636, the board found Ms. Amy-Pressey
improperly delegated to a non-lawyer the decision of
whom to name as defendant in a client's lawsuit. The
client's case was later dismissed for failure to timely
name the proper defendant. In this matter, the board
imposed a suspension of one year and one day.
go
to opinion
August
23, 2002*
Linda
Lea Kennedy, 416 London Place, Portsmouth, Virginia
23704
VSB
Docket No. 99-021-2654, Chancery No. 02-48
Effective
August 12, 2002, a panel of three circuit court judges
sitting in the Circuit Court of the City of Portsmouth
revoked Linda Lea Kennedy's license to practice law
in Virginia. The three judge panel found that Ms. Kennedy
disbursed settlement proceeds from her trust account
to herself and third parties although her client disputed
their rights to receive the funds.
The
three judge panel also suspended Ms. Kennedy's law license
for one year for paying fees to co-counsel without adequately
explaining what she had done and obtaining her client's
consent. The three judge panel also reprimanded Ms.
Kennedy for billing her client for office overhead and
for filing a frivolous motion in the federal district
court in Norfolk.
go
to opinion
*On
June 27, 2003, the Virginia Supreme Court affirmed the
judgment of the three-judge court to revoke Ms. Kennedy’s
license to practice law.
August
16, 2002
Andrew
P. Zimmer, Suite 208, 2045 North 15th Street,
Arlington, Virginia 22201-2614
VSB
Docket No. 00-041-3318
On August
16, 2002, Andrew P. Zimmer surrendered his license to
practice law with disciplinary charges pending. Mr. Zimmer
was charged by the Virginia State Bar with trust account
mismanagement, failure to communicate with clients, lack
of diligence, CRESPA violations, and practicing while
having a disability that materially affected his ability
to represent a client.
August
5, 2002* **
Robert
Edmund La Serte, 5827 Orchard Hill Lane, Clifton, VA 20124
VSB
Docket Nos. 00-053-0760 and 00-053-2018
On July 26,
2002, the Virginia State Bar Disciplinary Board suspended
Robert Edmund La Serte's license to practice law for
three years and issued a public reprimand with terms.
The board found that Mr. La Serte incompetently drafted
a legally defective deed; failed to explain to his client
that his office could not perform the real estate settlement
the client believed she had engaged him to perform;
and failed to reconcile, balance, and maintain proper
records for his trust account. Mr. La Serte's failure
to inform his client that his office did not perform
residential real estate settlements caused delay in
a scheduled settlement, with attendant increased costs
to his client. His mismanagement of his trust account
resulted in loss to his bank, when it honored a check
drawn by Mr. La Serte against insufficient funds. Mr.
La Serte was ordered to make full restitution to the
client and the bank or suffer revocation of his license
to practice law in Virginia.
*On
September 5, 2002, Mr. LaSerte filed an appeal to
the Virginia Supreme Court.
**On
January 28, 2003, the Virginia Supreme Court dismissed
the appeal of right filed by Robert Edmund La Serte.
July
30, 2002*
Chris McKinney Evans, Suite 102, 4115 Annandale
Road, Annandale, Virginia 22003
VSB Docket No. 03-000-0150
On July 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Chris McKinney Evans' license
to practice law and set a show cause hearing for August
23, 2002. The action was based on Mr. Evans plea of guilty
to money laundering in the United States District Court
of Maryland. At the August 23, 2002, hearing, Mr. Evans
will be required to show why his license should not be
further suspended or revoked.
*On
August 23, 2002, the Virginia State Bar Disciplinary
Board revoked the license to practice law of Chris McKinney
Evans based on Mr. Evans' plea of guilty to a charge
of money laundering in the United States District Court
for Maryland, Northern Division, located in Baltimore.
go
to opinion
July
30, 2002*
Caroline Patricia Ayers-Fountain, 3 Gwynedd Lane,
Hockessin, DE 19707
VSB Docket No. 03-000-0109
On July 25, 2002, the Virginia State Bar Disciplinary
Board summarily suspended Caroline Patricia Ayers-Fountain's
license to practice law in Virginia and set a show cause
hearing for August 23, 2002. The action was based on an
order of the Supreme Court of Delaware, which suspended
Ms. Ayers-Fountain's Delaware law license for three years.
At the August 23, 2002, hearing, Ms. Ayers-Fountain will
be required to show why her Virginia license should not
be further suspended or revoked.
*On
August 23, 2002, the Virginia State Bar Disciplinary
Board suspended Caroline Patricia Ayres-Fountain's
license to practice law in Virginia for a period of
three years effective July 8, 2002. In doing so, the
board imposed reciprocal discipline based upon the
three year suspension of Ms Ayres-Fountain by the
Supreme Court of Delaware. The Delaware suspension
resulted from a stipulation in which Ayres-Fountain
admitted that she made false representations to the
Supreme Court of Delaware, failed to provide competent
representation, failed to act with reasonable diligence
and promptness, failed to keep a client reasonably
informed, failed to hold unearned fees in a trust
account, failed to keep client property separate from
her property, failed to take steps to protect the
client's interest and engaged in deceit and misrepresentation.
go
to opinion
July
29, 2002
Robert
Louis Petersen, Jr., 105 Ferncliff Drive, Williamsburg,
VA 23188
VSB
Docket No. 00-061-2418
On July
26, 2002, the Virginia State Bar Disciplinary Board revoked
Robert Louis Petersen, Jr.'s license to practice law.
The board found that Mr. Petersen, a former in-house counsel
for AT&T, engaged in conduct that was deliberately
wrongful and involved fraud, deceit, or misrepresentation;
that he failed to keep AT&T's confidences and secrets;
that he used proprietary and confidential information
to threaten AT&T for his own personal gain, including
threatening criminal prosecution; and that he knowingly
disobeyed the ruling of a court.
go
to opinion
July
26, 2002
Mac
Andres Chambers, 618 Colorado Street, Salem, Virginia
24153
VSB
Docket Nos. 01-080-1334;
01-080-2630;
02-080-0247
On July 24,
2002, the Virginia State Bar Disciplinary Board accepted
an agreed disposition and suspended Mac Andres Chambers's
law license for a period of one year, subject to several
terms and conditions. If Mr. Chambers fails to comply
with any of the terms, his license will be suspended
for two years. Mr. Chambers stipulated that he neglected
and failed to communicate in a personal injury action,
a worker's compensation case, and a post-conviction
criminal matter. The board considered the fact that
Mr. Chambers, at considerable expense, hired a risk
manager to help him reorganize his office subsequent
to the misconduct. The suspension will begin October
1, 2002.
go
to opinion
July
23, 2002
Stanley
Walter Preston, Jr., 1004 North Thompson Street, Suite
101, Richmond, VA 23230
VSB
DocketT No. 01-031-1245
On
June 19, 2002, the Third District, Section I Committee
dismissed charges of misconduct against Stanley Walter
Preston, Jr. and directed that he take six hours of continuing
legal education courses in civil procedure.
go
to opinion
July
15, 2002
David
Nicholls Montague, First Floor, 1 East Queens Way, Hampton,
Virginia 23669-4001
VSB
Docket No. 01-010-2774
On
June 6, 2002, the First District Committee of the Virginia
State Bar issued a Dismissal with Terms to Hampton attorney
David Nicholls Montague. The hearing panel found that
Mr. Montague failed to notify or furnish his client with
several notices and letters from opposing counsel in an
adoption matter, and that he wrongfully purged the records
from his case file before delivering the file to his client.
go
to opinion
July
2, 2002
Roger
Cory Hinde, 9854 Lori Road, P.O. Box 1483, Chesterfield,
VA 23832
VSB Docket No. 02-031-3753
The Virginia State Bar Third District Committee, Section
I issued a public reprimand with terms to Roger Cory Hinde.
The committee found that Mr. Hinde had failed to
comply with the terms of a previous private reprimand.
Mr. Hinde was sanctioned for accepting a fee and agreeing
to file post trial motions despite the fact that he knew
that twenty-one days had passed since his client was sentenced,
and it was too late to file the motions.
go
to opinion
July 2, 2002
Isaac
Scott Pickus, Jackson Pickus & Associates, Suite 100,
2201 West Broad Street, Richmond, VA 23220
VSB
Docket No. 01-031-1265
On
June 26, 2002, the Virginia State Bar Committee, Section
I imposed a public reprimand with terms on Isaac Scott
Pickus. This was an agreed disposition of misconduct
charges. In 1993, Mr. Pickus was hired and paid $4500
to file a writ of habeas corpus. He did not file the habeas
petition and ignored his client's repeated attempts to
learn the status of his petition. Mr. Pickus took no action
on the matter until his client filed a bar complaint in
2001. At that time, he wrote the client a letter, which
misrepresented the work he had done on the case and did
not inform the client that the statute of limitations
had run on his time to file a habeas petition.
go
to opinion
July
1, 2002
David
Nicholls Montague, First Floor, 1 East Queens Way, Hampton,
Virginia 23669-4001
VSB
Docket No. 99-010-2127
On June 28, 2002, the Virginia State Bar Disciplinary
Board suspended David Nicholls Montague's license to practice
law for ninety days. The board found that Mr. Montague
committed a crime or other deliberately wrongful act reflecting
adversely on his fitness to practice law. The findings
concerned Mr. Montague's failure to pay his state and
federal employee withholding taxes for a period of years,
and failure to file the employee withholding tax returns,
although his accountant had prepared them for him. The
board also found that he failed to reconcile his attorney
trust account and failed to maintain the required trust
account records.
go
to opinion
Disciplinary
Actions January 2002 - June 2002
Disciplinary
Actions July 2001 - December 2001
Disciplinary
Actions January 2001 - June 2001
Disciplinary
Actions July 2000 - December 2000
Disciplinary
Actions January 2000 - June 2000
Disciplinary
Actions July 1999 - December 1999
Disciplinary
Actions January 22, 1999 - June 1999
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