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Disciplinary Actions Taken by the
Virginia State Bar
July
2003December 2003
archives
updated
6/8/06
December
19, 2003
Eli S. Chovitz, St Paul Boulevard, Suite
503, 125 St. Paul's Boulevard, Norfolk,
Virginia 23510
VSB Docket No. 04-021-0555
On December 18, 2003, the Virginia State
Bar Disciplinary suspended Eli S. Chovitz's
license to practice law for failure to
respond to a bar subpoena duces tecum.
December
18, 2003
Alan
Jay Cilman, 507 Valley Drive, Vienna,
Virginia 22180
VSB
Docket No. 99-042-0680
On December 18, 2003, a three-judge panel
presiding in the Circuit Court of Fairfax
County dismissed all charges of misconduct
against Alan Jay Cilman for lack of clear
and convincing evidence. An opinion will
follow.
go
to opinion (posted
1/27/04)
December
17, 2003
Oliver
Stuart Chalifoux, Lexington Commons Office
Park, 10132 West Broad Street, Glen Allen,
Virginia 23606
VSB
Docket No. 03-033-2071
On
December 9, 2003, the Third District Committee,
Section III, imposed a public reprimand
with terms upon Oliver Stuart Chalifoux. The misconduct charges
arose out of a matter in which Mr. Chalifoux
failed to carry out a contract of employment
for professional services; intentionally
prejudiced or damaged his client during
the course of the professional relationship;
and withdrew from representing the client
in a pending court matter without seeking
leave of court to do so and failed to
take steps, to the extent reasonably practicable,
to protect the client's interests.
go
to opinion (posted
12/19/03)
December
17, 2003
Patrick Roger Owen, Patrick R. Owen, P.C.,
Suite 200, 1110 North Glebe Road, Arlington,
Virginia 22201-4795
VSB Docket Nos. 03-041-3728. 03-041-3729,
03-041-3730, 03-041-3731, 03-041-3732, 04-041-0618,
04-041-1187
On December 12, 2003, the Virginia State
Bar Disciplinary Board revoked Patrick Roger
Owen's license to practice law in the Commonwealth
of Virginia. Mr. Owen was found to have
violated the Rules of Professional Conduct
concerning diligence, communication, and
the return of files and unearned fees to
clients. Mr. Owen was also found to have
violated the rules by committing a criminal
or deliberately wrongful act that reflects
adversely on the lawyer''s honesty, trustworthiness
or fitness as a lawyer; and by engaging
in professional conduct involving dishonesty,
fraud, deceit or misrepresentation.
go
to opinion (posted 1/9/04)
December
17, 2003
Beverly McLean Murray, 2006 Wakefield
Street, P.O. Box 1938, Petersburg, VA 23805
VSB Docket Nos. 03-031-2045, 03-031-2213,
03-031-2289, 03-031-2939, 03-031-3125, 03-031-3475
Beverly McLean Murray consented to the revocation
of her license to practice law in Virginia,
with disciplinary charges pending. The charges,
which were set for hearing on December 11
and 12, 2003, alleged that Ms. Murray neglected
six client matters, failed to communicate
with her clients and failed to keep the
requisite trust account records in five
of the six matters. The effective date of
the revocation is December 11, 2003.
go
to consent to revocation (posted
12/31/03)
December
15, 2003
Vincent Napoleon Godwin, 22253 Deep Bottom
Drive, Carrollton, Virginia 23314
VSB Docket Nos. 00-010-1692 and 01-010-0068
On December 12, 2003, the Virginia State
Bar Disciplinary Board suspended Vincent
Napoleon Godwin's license to practice
law for three years. The board found that
Mr. Godwin failed to deposit an advance
fee for a bankruptcy case in his trust account,
kept the money, and closed his office without
doing the work or telling his client how
to reach him. He failed to issue a refund
despite repeated promises to do so. In a
second misconduct case, the board found
that Mr. Godwin improperly issued checks
drawn on his attorney escrow account for
office rent, employee compensation, and
a personal loan.
go to opinion (posted 5/25/04)
December
10, 2003
Ellen Frances Ericsson, 306 Garrisonville
Road, Suite 101, Stafford, VA 22554
VSB Docket Nos. 02-053-0134, 02-053-0916,
02-053-4028, 03-053-0618, and 04-000-0458
On December 8, 2003, the Virginia State
Bar Disciplinary Board suspended Ellen Frances
Ericsson's license to practice law and her
registration as a settlement agent under
the Consumer Real Estate Settlement Protection
Act. The board imposed a twenty-four month
suspension but suspended all but 60 days
on the condition that Ms. Ericsson commit
no ethical misconduct or CRESPA violations
during the two year period. The board also
ordered Ms. Ericsson to pay a $7,500 penalty
for CRESPA violations and to employ a law
office management consultant. If Ms. Ericisson
does not comply with the terms of the order,
her license to practice law will be revoked.
This was an agreed disposition of misconduct
and CRESPA charges. The misconduct violations
included failure to handle client matters
competently and promptly; to keep clients
informed; to return the clients file; to
promptly pay real estate proceeds to the
persons entitled to them; and to adequately
supervise non-lawyer personnel.
go
to opinion (posted 12/10/03)
December
9, 2003
George
Epperson Price, P. O. Box 1097, Abingdon,
VA 24212
VSB
Docket Nos. 03-102-1617 & 03-102-2288
On
December 9, 2003, the Virginia State Bar
Disciplinary Board summarily suspended George
Epperson Prices license pending a
disciplinary hearing on May 20-21, 2004.
go
to opinion (posted 12/18/03)
December
2, 2003*
Donald
Gregory Baker, 126 Cedar Avenue, Gate City,
Virginia 24251
VSB
Docket No. 03-102-1834
On
November 25, 2003, a three judge circuit
court panel suspended Donald Gregory Baker's
license to practice law for two and a half
years. An opinion will follow.
*On
December 15, 2003, a three-judge circuit
court panel suspended Donald Gregory Baker's
license to practice law for two and a
half years. The suspension stemmed from
Mr. Baker's untruthful responses on two
judicial selection questionnaires stating
he had never been convicted of a crime.
In fact, he was convicted of solicitation
for prostitution in 1994. The suspension
was an agreed disposition of misconduct
charges against Mr. Baker.
December
1, 2003
Gay
Lynn Tonelli, 145 King Street, Suite B,
P. O. Box 567, Keysville, VA 23947
VSB
Docket No. 01-090-3362 & 04-090-0483
On
November 24, 2003, the Virginia State Bar
Disciplinary Board revoked Gay Lynn Tonelli's
license to practice law in Virginia. Ms.
Tonelli submitted an affidavit consenting
to the revocation and admitting to multiple
charges of misconduct. These included charges
that she failed to deposit an advance fee
payment in her trust account pending completion
of the work she was hired to do. After Ms.
Tonelli's client fired her, she refused
to provide an accounting of what she did
with the fee.
go
to affidavit to consent and certification
(posted 12/16/03
November
24, 2003*
John
Michael Dijoseph, Kavrukov & DiJoseph, LLP,
2009 North 14th Street, Suite 202, Arlington,
Virginia 22201
VSB
Docket Nos. 02-041-2657, 02-041-3238, 03-041-1063,
03-041-1293, 03-041- 1687, 03-041-1688,
03-041-1689, 03-041-1690, 03-041-1816, 03-041-2531
On
November 21, 2003, the Virginia State Bar
Disciplinary Board revoked John Michael
DiJoseph's license to practice law in the
Commonwealth of Virginia. Mr. DiJoseph was
found to have violated the Rules of Professional
Conduct concerning competence, diligence,
communication with clients, the placement
of unearned fees and costs advanced in an
attorney trust account, the maintenance
of trust account records, and the return
of files and unearned fees to clients. Mr.
DiJoseph was also found to have violated
the rules by knowingly making a false statement
of material fact in connection with a disciplinary
matter, engaging in the unauthorized practice
of law, failing to respond to bar complaints,
and committing a deliberately wrongful act
that reflects adversely on the lawyer's
honesty, trustworthiness, or fitness as
a lawyer.
go
to opinion (posted 12/156/03)
*On
January 9, 2004, Mr. DiJoseph filed an appeal
to the Virginia Supreme Court.
*On
June 14, 2004, the Virginia Supreme Court
affirmed the revocation of Mr. DiJoseph's
license to practice law.
November
20, 2003
Ann Bridgeforth Tribbey, 1509 West
Cary Street, Richmond, VA 23220
VSB Docket Nos. 03-031-1562, 03-031-1852,
04-000-0877
On November 20, 2003, the Virginia State
Bar Disciplinary Board revoked Ann Bridgeforth
Tribbey's license to practice law. Ms. Tribbey
submitted an affidavit consenting to the
revocation of her license. There were three
overdrafts on her attorney trust account
in less than one year, and her trust account
record keeping practices did not comply
with applicable rules and regulations.
go
to consent to revocation (posted
12/3/03)
November
20, 2003* **
Antoine Ian Mann, P.O. Box 831, Frederick,
Maryland 21705
VSB Docket No. 04-000-1341
Effective
November 14, 2003, the Virginia State Bar
Disciplinary Board summarily suspended Antoine
Ian Mann's license to practice law in Virginia.
The action was based on the indefinite suspension
by consent of his Maryland license. He was
charged in Maryland with misconduct in eight
separate matters. The board ordered Mr.
Mann to appear on December 12, 2003, and
show cause why his Virginia license should
not be indefinitely suspended.
*On
December 12, 2003, the Virginia State Bar Disciplinary
Board continued this matter until January 23,
2004. Mr. Mann's license remains suspended until
further order of the board.
**Effective
December 19, 2003, by agreed disposition, the
Virginia State Bar Disciplinary Board indefinitely
suspended Antoine Ian Mann's license to practice
law in Virginia. The board's action was based
on the indefinite suspension of Mr. Mann's Maryland
license, resulting from charges of misconduct
in eight separate matters.
go
to opinion
(posted
1/29/04)
November
18, 2003
Charles Everett Malone, Suite 1218, 500
East Main Street, Norfolk, Virginia 23510
VSB Docket Nos. 02-010-4055 and 03-010-2298
Effective November 21, 2003, pursuant to
an agreed disposition, the Virginia State
Bar Disciplinary Board suspended Charles
Everett Malone's law license for thirty
days with terms. In one case, Mr. Malone
failed to maintain his attorney trust account
and account records in accordance with the
rules. In a second case, after agreeing
to help a client get her former spouse's
name removed from a deed, he sought the
wrong relief in the wrong jurisdiction.
He also led the client to believe that a
hearing was scheduled when none was. When
his suspension ends, Mr. Malone will remain
on disciplinary probation for one year.
During that time, he must attend a course
on how to manage his trust account, properly
maintain the account and on three occasions
submit his trust account records to a bar
investigator for review. Failure to comply
with any of these terms will result in an
additional one-year suspension of his law
license.
go
to opinion (posted 11/20/03)
November
12, 2003* **
Trey Robert Kelleter, 513 Trent Avenue,
Chesapeake, Virginia 23323
VSB Docket No. 03-010-1051
On November 6, 2003, following a hearing,
the First District Committee issued a dismissal
with terms to Trey Robert Kelleter. Mr.
Kelleter wrongfully arranged for a police
detective to interview an inmate, who was
represented by counsel in connection with
a murder investigation, without the knowledge
or consent of the inmate's counsel, who
had requested to attend any interview.
*On
November 26, 2003, Mr. Kelleter filed an
appeal and demanded that further proceedings
be conducted in circuit court. Therefore,
the public dismissal with terms is stayed
pending appeal.
go
to opinion (posted 1/14/04)
**On
March 9, 2004, Mr. Kelleter withdrew his
appeal of this matter and provided certification
of compliance with the terms issued by the
district committee.
November
4, 2003
Margaret
L. McLeod Cain, Queen Charlotte Sq., Suite
101, 208 East High Street,
Charlottesville,
Virginia 22902
VSB Docket No. 04-070-0740
On
November 4, 2003, the Virginia State Bar
Disciplinary Board revoked Margaret L. McLeod
Cain's license to practice law. Ms. Cain
submitted an affidavit consenting to the
revocation. Without her client's knowledge,
Ms. Cain settled a personal injury claim
and received a settlement check made payable
jointly to her and her client. She deposited
the check, bearing her client's purported
endorsement, into an account that she controlled.
At no time did Ms. Cain advise the client
of the settlement or give the client any
of the settlement proceeds.
go
to consent to revocation (posted
11/5/03)
October
30, 2003* **
Denise Ann Maniscalco,1325 18th
Street, NW, Suite 103, Washington, DC 20036
VSB Docket No. 02-051-1868
The Virginia State Bar Disciplinary Board
has suspended Denise Ann Maniscalco's
license to practice law for three
years for misrepresenting to a client that
a final decree had been entered in a divorce
action that she filed on the client's behalf.
The suspension is effective November 7,
2003.
go
to opinion (posted 11/13/03)
*On
December 11, 2003, Ms. Maniscalco filed
an appeal to the Virginia Supreme Court.
**On
January 9, 2004, the Virginia Supreme Court
stayed the suspension pending appeal.
***On March 15, 2004, the Virginia Supreme Court dismissed the appeal and the stay was lifted. Her license was suspended for two years, eight months and thirteen days effective November 19, 2004. She was given credit for the period of suspension prior to the granting of the stay.
October
30, 2003
Jordan
Nichlos Baker, Suite 204, 3251 Old Lee Highway,
Fairfax, Virginia 22030
VSB
Docket No. 04-051-0531
On
October 24, 2003, Jordan Nichlos Baker consented
to the revocation of his license to practice
law in Virginia. On September 9, 2003, in
the United States District Court for the
Eastern District of Virginia, Alexandria,
Virginia, Mr. Baker pled guilty to one count
of conspiracy to commit immigration fraud,
in violation of Title 18, United States
Code, Section 1546(a).
October
30, 2003
Steven Yeoul Lee, Suite 204, 3251 Old Lee
Highway, Fairfax, Virginia 22030
VSB Docket Nos. 04-051-0530 and 04-051-0798
On October 24, 2003, Steven Yeoul Lee consented
to the revocation of his license to practice
law in Virginia. On October 22, 2003, in
the United States District Court for the
Eastern District of Virginia, Alexandria,
Virginia, Mr. Lee pled guilty to one count
of conspiracy to commit immigration fraud,
in violation of Title 18, United States
Code, Sections 371 and 1546(a), and one
count of money laundering, in violation
of Title 18, United States Code, Section
1956(a).
October
29, 2003*
**
Denise Ann Maniscalco, 1325 18th Street,
Suite 103, Washington, DC 20036
VSB Docket Nos. 01-051-2303
On
October 24, 2003, the Virginia State Bar
Disciplinary Board publicly reprimanded
Denise Ann Maniscalco for neglecting an
immigration matter in which she undertook
to help a client file an application for
permanent resident alien status.
go
to opinion (posted 11/13/03)
*On
December 11, 2003, Ms. Maniscalco filed
an appeal to the Virginia Supreme Court.
**On
January 9, 2004, the Virginia Supreme Court
stayed the public reprimand pending appeal.
October
27, 2003*
Roger Cory Hinde, Suite 101, 5002 Monument
Avenue, Richmond, Virginia 23230
VSB Docket No. 03-031-3887
On October 27, 2003, the Virginia State
Bar Disciplinary Board suspended Roger Cory
Hinde's license to practice law for failure
to respond to a bar subpoena duces tecum.
*On
November 21, 2003, the Virginia State Bar
Disciplinary Board lifted the suspension
of Roger Cory Hinde's license to practice
law.
go
to opinion (posted 12/18/03)
October
27, 2003
David
Nicholls Montague, 33-E West Queen's Way,
Hampton, Virginia 23669
VSB
Docket Nos. 02-010-1496, 02-010-2592, 03-010-0643,
03-010-2795, 03-010-2797
On
October 24, 2003, the Virginia State Bar
Disciplinary Board suspended David
Nicholls Montague's law license for two
years. The board heard five misconduct cases.
It found that Mr. Montague failed to meet
his fiduciary obligations as an estate executor,
failed to protect the interests of a client
who discharged him, failed to deposit advance
fees he received in two cases in his trust
account, and took a fee but never did any
work on the case. The board also found that
Mr. Montague negligently endorsed an order
terminating his client's joint custody of
his child, failed to maintain appropriate
trust account records, and improperly withdrew
client funds he had deposited in his trust
account.
go
to opinion (posted 11/13/03)
October
27, 2003*
Oliver
Stuart Chalifoux, Lexington Commons Office
Park, 10132 West Broad Street, Glen Allen,
Virginia 23060
VSB
Docket No. 03-033-3680
On
October 24, 2003, the Virginia State Bar
Disciplinary Board administratively suspended
the law license of Oliver Stuart Chalifoux.
Mr. Chalifoux failed to comply fully with
a subpoena duces tecum for financial
records lawfully requested by the Virginia
State Bar's Office of Bar Counsel.
*On
November 6, 2003, the Virginia State Bar
Disciplinary Board lifted the suspension
of Oliver Stuart Chalifouxs license
to practice law.
go
to opinion (posted 11/18/03)
October
24, 2003
James
Frederick Pascal, 11417 Hilbingdon Road,
Richmond, VA 23233
VSB
Docket #02-031-4074
On October 24, 2003, the Disciplinary Board
revoked James Frederick Pascal's license
to practice law in the Commonwealth of Virginia
for knowingly disobeying a board order administratively
suspending him from the practice of law
and for knowingly making a false statement
of fact to a court about when he learned
of the suspension. Mr. Pascal was administratively
suspended after he failed to pay costs assessed
in connection with a private reprimand with
terms. Mr. Pascal was notified on March
29, 2002, that he was suspended, but nonetheless
participated as counsel in depositions held
on May 1, 2002, and later represented to
a court that he first became aware of the
suspension in June 2002.
go
to opinion (posted 12/1/03)
October
24, 2003
Alan
Jay Cilman, 507 Valley Drive, Vienna, Virginia
22180 VSB
Docket
Nos. 96-042-0868 and 96-042-0886
On October 22, 2003, a three judge panel
of the Circuit Court of Fairfax County dismissed
the charges of misconduct against Alan Jay
Cilman for lack of clear and convincing
evidence.
go
to opinion (posted 1/23/04)
October
24, 2003
John Henry Partridge, 761 Monroe
Street, Herndon, VA 20170
VSB Docket Nos. 03-053-3119, 03-053-3305,
03-053-3306, 03-053-3798, 04-053-0355, 04-053-0703,
04-000-0929
On October 22, 2003, the Virginia State
Bar Disciplinary Board revoked John Henry
Partridge's license to practice law. Mr.
Partridge submitted an affidavit consenting
to the revocation of his license. He admitted
that, with respect to a number of his clients,
he did not comply with the Virginia Supreme
Court rule requiring that he notify his
clients, opposing counsel, and presiding
judges in pending litigation, of the suspension
of his law license, and that he make appropriate
arrangements for the disposition of client
matters. Mr. Partridge also admitted that
he terminated a client's pending litigation
without the knowledge and consent of the
client; failed to communicate with clients;
failed to perform the legal services for
which he had been engaged; failed to return
client files; and failed to refund fees
that had been paid to him for work which
he did not perform.
October
23, 2003
ARTHUR
C. ERMLICH, P. O. Box 6972, Virginia Beach,
VA 23456
VSB
Docket No. 02-021-0046
On
October 20, 2003, pursuant to an agreed
disposition, the Virginia State Bar Disciplinary
Board suspended Arthur C. Ermlich's law
license for thirty days. This suspension
will run consecutively to his current three
year suspension. The board found that Mr.
Ermlich received personal injury settlement
funds for a client who agreed that she owed
for dental repairs necessitated by her injuries.
The client changed her mind about the amount
of the debt for the dental work and refused
to authorize Mr. Ermlich to pay the dentist
any amount. Mr. Ermlich disbursed all the
funds and did not withhold the contested
funds allegedly due the dentist.
go
to opinion (posted 10/24/03)
October
22, 2003
Andrew Ira Becker, The Law Offices
of Andrew Becker, Building 3300, Suite 115,
397 Little Neck Road, Virginia Beach, VA
23452
VSB Docket Nos. 02-021-1191, 01-021-2730,
01-021-1843, 02-021-2656, 03-021-0943, 03-021-1271
On October 16, 2003, pursuant to an agreed
disposition, the Virginia State Bar Disciplinary
Board suspended Andrew Ira Becker's law
license for four months, effective December
1, 2003. The board ordered Mr. Becker to
submit to, and pay for, an audit of his
law firm's case management, conflicts of
interest, and financial controls. If Mr.
Becker does not comply with the auditor's
recommendations, he will face further suspension.
In five cases, the board found that Mr.
Becker engaged in misconduct occurring between
2000 and 2002, including: lack of diligence
in allowing three matters to be struck from
the docket for inactivity; failure to communicate
with clients; failure to adequately explain
a legal fee; failure to deposit advance
legal fees in trust; and committing a deliberately
wrongful act in failing to obtain a business
license. The board heard evidence that this
misconduct occurred after the firm's managing
attorney retired due to illness, and Mr.
Becker had to take over management duties.
A sixth case was dismissed with a finding
of no misconduct.
go
to opinion (posted 11/4/03)
October
22, 2003
Perry Henry Harrold, 68 West Main Street,
P.O. Box 1282, Martinsville, VA 24114
VSB Docket No. 03-090-2433
On October 17, 2003, the Virginia State
Bar Ninth District Committee found that
Perry Henry Harrold violated the duty to
communicate by failing to advise his incarcerated
client that his appeals had been denied.
The committee imposed a dismissal with terms
requiring Mr. Harrold to attend 2 hours
of ethics CLE and to meet with the Virginia
State Bar risk manager within six months.
go
to opinion (posted 12/1/03)
October
22, 2003
Stacy F. Garrett, III, Boone, Beale, Cosby
& Long, 27 North 17th Street, Richmond,
VA 23219-3607
VSB Docket Nos. 03-032-0439, 03-032-0642,
03-032-2984
On October 21, 2003, the Virginia State
Bar Disciplinary Board issued a public reprimand
with terms to Stacy F. Garrett, III. Mr.
Garrett consented to the public reprimand
rather than defend three pending misconduct
complaints. The misconduct charges arose
out of matters in which Mr. Garrett failed
to keep his clients informed about the status
of their matters and failed to act with
reasonable diligence and promptness. In
addition, Mr. Garrett intentionally prejudiced
his client during the course of one of the
professional relationships.
go
to opinion (posted 10/31/03)
October
20, 2003
Gregory Lane Sandler, 413 West York
Street, Norfolk, VA 23510
VSB Docket No. 02-021-2478
On October 7, 2003, a three judge panel
of the Norfolk Circuit Court imposed a dismissal
de minimis on Gregory Lane Sandler. An opinion
will follow.
go
to opinion (posted 12/1/03)
October
20, 2003
Bennett
Allen Brown, 3905 Railroad Avenue, Suite
200 N, Fairfax, VA 22030-3907
VSB
Docket No. 01-051-0637
On
October 10, 2003, by agreement, a subcommittee
of the Fifth District, Section I issued
a public reprimand with terms to Bennett
Allen Brown for a pattern of neglect and
failure to communicate. Mr. Brown agreed
to represent a client in obtaining coverage
under a homeowners policy but failed to
take any action or to respond to the client's
inquiries. Mr. Brown also agreed to represent
the client and his business in dealing with
a default on a loan to the business, which
the client had personally guaranteed. The
matter went to mandatory arbitration. Mr.
Brown failed to keep the client informed
and failed to contest what the client believed
to be excessive attorneys fees awarded to
the bank.
go
to opinion
(posted 10/21/03)
October
17, 2003
John
Henry Partridge, 761 Monroe Street, Herndon,
Virginia 20170
VSB
Docket Nos. 03-053-3035, 03-053-3036, 03-053-3037,
03-053-3079, 03-053-3119 03-053-3174, 03-053-3305,
03-053-3306, 03-053-3338, 03-053-3771 03-053-3798,
03-053-3811, 03-053-3812, 03-053-3853, 04-053-0174
and 04-053-0355
On
October 17, 2003, the Virginia State Bar
Disciplinary Board administratively suspended
John
Henry Partridge's license to practice law
for failure to respond to a bar subpoena.
October
10, 2003*
** ***
Curtis
Tyrone Brown, Suite 306, 555 Fenchurch Street,
Norfolk, VA 23510
VSB
Docket No. 02-021-2337
On
October 9, 2003, the Virginia State Bar
Second District Committee, Section I, found
that Curtis Tyrone Brown violated conflict
of interest rules by providing funds for
a third party to pay his criminal defense
client's bond. The committee imposed a dismissal
with terms requiring Mr. Brown to attend
6 hours of ethics C.L.E. within six months.
*On
November 19, 2003, Mr. Brown filed an appeal.
Therefore, the public dismissal with terms
is stayed pending appeal.
**On
January 20, 2004, the Virginia State Bar
Disciplinary Board affirmed the public dismissal
with terms.
go
to opinion (posted 1/29/04)
***On
February 2, 2004, Mr. Brown filed an appeal
to the Virginia Supreme Court.
October
10, 2003
Robert Hardin Deaderick, Jr., 1103 Princess
Anne Street, Fredericksburg, VA 22401-3807
VSB Docket #00-060-2344
On August 8, 2003, a three judge circuit
court panel sitting in the Circuit Court
of the City of Fredericksburg admonished
Robert Hardin Deaderick, Jr. An opinion
will follow.
go
to opinion
(posted
8/10/17)
October
10, 2003
Edmund
A. Matricardi, III, 11212 Glen Park Drive,
Fredericksburg, VA 22407
VSB
Docket No. 03-000-3058
On
September 22, 2003, a three judge circuit
court panel sitting in the Circuit Court
of Henrico County suspended Edmund A. Matricardi,
III's license to practice law for two years.
The new suspension is retroactive to April
3, 2003, the date of Mr. Matricardi's interim
suspension. An opinion will follow.
go
to opinion (posted 10/30/03)
October
10, 2003
Sharon
Beth Soloway, 2706A Mosby Street, Alexandria,
VA 22305
VSB
Docket Nos.: 00-053-3185, 01-053-2523, and
02-053-2329
On October 9, 2003, the Virginia State Bar
Disciplinary Board suspended Sharon Beth
Soloway's license to practice law for five
years. The board suspended imposition of
the sanction on the condition that Ms. Soloway
remain under the care of a licensed clinical
psychologist and continue to utilize the
services of a law office management consultant.
The board found that Ms. Soloway failed
to attend promptly and competently to clients'
matters; to keep the clients reasonably
informed; to furnish client file materials
upon request; and to handle client funds
properly. The board also found that she
failed to carry out her contracts for employment
and to respond to the bar's demands for
information.
This sanction was the result of an agreed
disposition, which the board accepted after
finding certain mitigating factors recognized
by the American Bar Association. They were:
absence of a dishonest or selfish motive;
personal and emotional problems; character
and reputation; mental impairment; interim
rehabilitation; and remorse. In addition,
Ms. Soloway made voluntary restitution to
a client.
go
to opinion (posted 10/20/03)
go
to agreed disposition
(posted 10/20/03)
October
10, 2003
Robert Henry Smallenberg, 7 South Adams
Street, Richmond, Virginia 23220-5601
VSB Docket No. 02-032-1064
Case No. LR-1221-1
On October 6, 2003, a three-judge panel
of the Circuit Court of the City of Richmond
(Manchester Division) dismissed the charges
of misconduct against Robert Henry Smallenberg
for lack of sufficient evidence in the record
to support the Virginia State Bar Third
District, Section II, determination of a
public reprimand.
go
to opinion (posted 1/29/04)
October
10, 2003
Harrison
Benjamin Wilson, III, Town Point Center,
Suite 501, 150 Boush Street, Norfolk, VA
23510
VSB Docket Nos. 01-032-2209, 01-032-2410,
01-032-3201, 02-032-0612, 02-032-1345, 02-032-2162;
Case No. CL03-764
On October 9, 2003, a three judge circuit
court panel sitting in the Circuit Court
of Henrico County suspended Harrison Benjamin
Wilson's license to practice law
for one year. The new suspension will run
concurrently with a previously imposed two
year suspension. An opinion will follow.
go
to opinion (posted 1/29/04)
October
6, 2003
Kristina M. K. Fitzgerald, 830 East Main
Street, Suite 2000, Richmond, VA 23219
VSB Docket #03-032-0801
On October 2, 2003, a subcommittee of the
Virginia State Bar Third District, Section
II, issued a public reprimand to Kristina
K. Fitzgerald. This was an agreed disposition
of disciplinary charges against Ms. Fitzgerald.
The misconduct charges arose out of a matter
in which Ms. Fitzgerald failed to keep her
client informed about the status of his
matter and failed to promptly comply with
his reasonable requests for information.
In addition, Ms. Fitzgerald withdrew from
the representation with material adverse
effect on the interest of the client, and
she knowingly made a false statement in
the course of representation.
go
to opinion (posted 10/14/03)
September
29, 2003
Timothy
Wade Roof, 5269 Revere Drive, Norfolk, VA
23502-4926
VSB
Docket No. 02-021-0334
On
September 26, 2003, the Virginia State Bar
Disciplinary Board issued a public reprimand
with terms to Timothy Wade
Roof. The board found that Mr. Roof did
not act diligently when he submitted, without
a filing fee, a client's hand-written draft
of a petition for writ of habeas corpus
to the Supreme Court of Virginia without
correcting the errors in the writ. The board
further found that given the manner and
quality of the representation, Mr. Roof's
$1,000.00 fee was unreasonable. Finally,
the board found that Mr. Roof violated trust
account rules by not depositing the $1,000.00
fee into his trust account and holding it
in trust until he earned the fee. The terms
imposed in connection with the public reprimand
require Mr. Roof to refund the fee, to prepare
written fee agreements in all cases, and
to take 24 hours of Continuing Legal Education.
go
to opinion (posted 10/31/03)
go
to dissent opinion (posted
10/31/03)
September
25, 2003
Paul
Cornelious Bland, P.O. Box 402, Petersburg,
Virginia 23804-0402
VSB
Docket Nos. 03-031-0696, 03-031-1341 and
03-031-1993
Following
a hearing on September 25, 2003, the Virginia
State Bar Disciplinary Board revoked Paul
Cornelius Blands license to practice
law. Mr. Bland was charged with misconduct
in three matters. He stipulated to the factual
allegations made by the bar but did not
appear for the hearing. Clients complained
that Mr. Bland failed to appeal a criminal
conviction, take legal action necessary
to secure compensation for construction
of sewer and water lines across client owned
property and resolve another clients
claims regarding ownership and distribution
of income from jointly held property. The
board found in each case that Mr. Bland
failed to attend promptly to client matters
and failed to communicate with his clients.
In the inverse condemnation case, the board
also found that Mr. Bland did not demonstrate
an acceptable level of legal knowledge,
skill, efficiency, and thoroughness in preparation.
The board considered Mr. Blands extensive
prior disciplinary record in deciding to
revoke his license.
go
to opinion (posted 11/19/03)
September
23, 2003
Steven
Mark Frei, Halls & Sickels, P.C., Reston
Executive Center, Suite 150, 12120 Sunset
Hills Road, Reston, VA 22190
VSB
Docket No. 00-053-2732
On
September 22, 2003, pursuant to an agreed
disposition, a subcommittee of the Virginia
State Bar Fifth District Committee, Section
III, imposed a public reprimand on Steven
Mark Frei. The subcommittee found that in
representing a client with a personal injury
claim, Mr. Frei failed to attend promptly
to the client's matter until completed;
failed to abide by the client's decisions
concerning the objectives of the representation;
failed to keep the client reasonably informed
about the status of her matter; and failed
to furnish the client with her file upon
request.
go
to opinion (posted 9/24/03)
September
10, 2003
Harry
William Mulford, Esq., 6101 Centreville
Road, Centreville, VA 20121-2662
VSB
Docket No. 02-051-0044
On
September 3, 2003, by agreed disposition,
a subcommittee of the Fifth District, Panel
I, issued a public reprimand to Harry William
Mulford for failure to adequately explain
his fees, failure to communicate, neglect
of his duties as a trustee, and for failure
to keep proper records. The circuit court
removed Mr. Mulford as trustee and ordered
him to repay with interest the fees he had
paid himself as trustee. Mr. Mulford complied
with the circuit court order.
go
to opinion (posted 9/10/03)
September
9, 2003*
Bernice
Marie Stafford-Turner, P.O. Box 1671, Halifax,
Virginia 24887
VSB
Docket Nos. 02-032-3876, 03-032-1259, 03-032-1534
On
September 9, 2003, the Virginia State Bar
Disciplinary Board administratively suspended
Bernice Marie Stafford-Turner's license
to practice law. Ms. Stafford-Turner failed
to comply fully with a subpoena duces tecum
for trust account information.
*On
October 24, 2003, the Virginia
State Bar Disciplinary
Board lifted the suspension of Bernice Marie
Stafford Turners license to practice
law.
September
2, 2003
Dianne
Theresa Carter, Suite 406, 606 Denbigh Boulevard,
Newport News Virginia 23608
VSB
Docket Nos. 00-010-2149, 01-010-0973, 01-010-1403,
02-010-0198, 02-010-0199, 02-010-0200
(Miscellaneous
No. 12496-RW)
Effective
September 1, 2003, a three-judge panel of
the Newport News Circuit Court suspended Dianne
Theresa Carter's
license to practice law for two years and
imposed terms on the suspension. This was
an agreed disposition of disciplinary charges
in six cases. Two cases involved clients who
paid Ms. Carter advanced fees for general
legal work. She either did not complete the
work, or did no work at all, and became unresponsive
to her clients' attempts to contact her. She
was slow to issue refunds, having paid the
fees to her general account instead of her
attorney trust account. In a court-appointed
criminal case, Ms. Carter failed to file a
petition for appeal and became unresponsive
to her client's attempts to contact her, causing
the court to remove her from the case. Two
other cases concerned Ms. Carter's service
as administratrix or legal counsel for estates.
She paid herself advanced fees from the estate
accounts without prior approval, failed to
meet her fiduciary filing obligations, and
failed to timely return the fees. After the
suspension, Ms. Carter will be on probation
for an additional two years during which time
she must reimburse opposing counsel and a
bonding company in the estate cases, and must
not commit any breach of the Rules of Professional
Conduct. Failure to comply with either term
will result in the revocation of her license
to practice law.
go
to opinion (posted 9/2/03)
September
2, 2003
Ann
Bridgeforth Tribbey, 1509 West Cary Street,
Richmond, Virginia 23220
VSB
Docket No. 04-031-0042
On
August 13, 2003, following a hearing, the Virginia
State Bar Third District Committee, Section
I, issued a public reprimand to Ann Bridgeforth
Tribbey after
finding that she failed to comply in a timely
fashion with a term previously imposed in connection
with a private reprimand. The term required
Ms. Tribbey to hire a certified public accountant
to audit her trust account records and provide
bar counsel a report indicating whether the
records comply with Rules of Professional Conduct.
go
to opinion (posted 9/2/03)
August
29, 2003*
Scott George Smith, 1001 Back Bay Beach Road,
West River, MD 20778-9622
VSB
Docket Number 04-000-0518
On
August 28, 2003, the Virginia State Bar Disciplinary
Board summarily suspended Scott George Smith's
license to practice law in Virginia. The suspension
was based on the revocation of his Maryland license
by the Court of Appeals of Maryland. The board
ordered Mr. Smith to appear on September 26, 2003,
to show cause why his Virginia license should
not be revoked.
*On
September 26, 2003, the Virginia State Bar Disciplinary
Board revoked Scott G. Smiths license to
practice law in Virginia.
go
to opinion (posted 11/5/03)
August
29, 2003*
Gregory Charles Mitchell, 10605 Judicial Drive,
Building A4, Fairfax, VA 22030
VSB
Docket No. 01-000-1888
On
August 28, 2003, the Virginia State Bar Disciplinary
Board summarily suspended Gregory Charles Mitchell's
license to practice law in Virginia. The action
was based on the decision of the District of Columbia
Court of Appeals to suspend his District of Columbia
license for 90 days. The board ordered Mr. Mitchell
to appear on September 26, 2003, to show cause
his Virginia license should not be suspended for
90 days.
*On
September 17, 2003, pursuant to an agreed disposition,
the Virginia State Bar Disciplinary Board suspended
Gregory Charles Mitchells license to practice
law for a period of ninety days, commencing August
28, 2003.
go
to opinion (posted 10/16/03)
August
25, 2003
Thomas C. Spencer, Spencer & Taylor,
LLP, 401 Lime Kiln Road, Lexington, VA 24450
VSB Docket No. 98-080-0660
On August 22, 2003, the Virginia State Bar Disciplinary
Board dismissed the charges of misconduct against
Thomas C. Spencer for lack of clear and convincing
evidence.
go
to opinion (posted 10/14/03)
August
22, 2003
John
Kelly Dixon, III, 7907 Chowning Circle, Richmond,
VA 23294
VSB
Docket #03-000-3684
On
August 21, 2003, the Virginia State Bar Disciplinary
Board revoked John Kelly Dixon, III's license
to practice law. Mr. Dixon submitted an affidavit
consenting to the revocation. Mr. Dixon admitted
he did not comply with terms associated with a
five-year suspension the board imposed by agreement
in March 2003 or fulfill his ethical duty to notify
his clients, as well as opposing counsel and presiding
judges in pending litigation, of his suspension
and make appropriate arrangements for the disposition
of client matters.
August
22, 2003
Lydell
Lucius Fortune
Suite 216, 5001 West Broad Street, Richmond, Virginia
23230
VSB Docket Nos. 03-033-3664, 03-033-3959, 03-033-4050,
04-033-0053
On
August 21, 2003, the Virginia State Bar Disciplinary
Board revoked Lydell Lucius Fortune's license
to practice law. Mr. Fortune consented to the
revocation rather than defend four pending misconduct
complaints. The misconduct charges arose out of
matters in which he failed to complete the necessary
filings for matters that he undertook in his private
practice. Mr. Fortune also failed to respond to
requests from his clients on the status of their
matters and failed to take steps to protect his
clients' interests when he abandoned the practice
of law.
August
22, 2003
George
Robert Leach, 1311 Jamestown Road, Williamsburg,
VA 23185
VSB Docket Nos. 01-060-1322 and 02-060-3754
On August
21, 2003 the Virginia State Bar Disciplinary Board
revoked George Robert Leach's license of to practice
law. The board found that after the death of his
client, Mr. Leach continued to pursue a creditor's
suit in the client's name, bought the subject
property in his own name at auction with a personal
loan, turned over the net sales proceeds to his
lender to pay down the personal loan, and transferred
title of the subject property to his lender and
received funds in return. Mr. Leach admitted misappropriating
the net sales proceeds and of the subject property.
The board found violations of rules dealing with
the commission of a crime or a deliberately wrongful
act; conduct involving dishonesty, deceit, fraud
or misrepresentation; unreasonable fees; failure
to withdraw; advancing an unwarranted claim; failing
to disclose that which is required by law; making
false statements of law or fact and trust account
requirements.
In a different matter, on August 20, 2003, the
board imposed a public reprimand with terms on
Mr. Leach by agreed disposition. That case involved
Mr. Leach's representation of a husband and wife
in a Chapter 13 bankruptcy in which Mr. Leach
filed three cases and four plans before his clients
terminated his services and hired new counsel.
The disciplinary rules deemed violated include
those involving lack of competence, failure to
promptly complete the representation or properly
withdraw and failure to keep his clients reasonably
informed.
go
to opinion (posted 9/12/03)
go
to opinion
(posted 9/29/03)
August
22, 2003
TIMOTHY
HERBERT LOUK
Suite 300, 1905 Hugenot Road, Richmond, Virginia
23235
VSB Docket No. 02-032-1798
On
August 21, 2003, the Virginia State Bar Disciplinary
Board revoked Timothy Herbert Louk's license to
practice law. Mr. Louk consented to revocation
of his license to practice law rather than defend
a pending misconduct complaint. The misconduct
charges arose out of a matter in which Mr. Louk
failed to complete the necessary filings in a
divorce case. He failed to respond to requests
from his client about the status of the case and
failed to take steps to protect his client's interests.
Mr. Louk also knowingly violated a Rule of the
Virginia Supreme Court requiring that bar members
maintain an accurate address of record with the
Virginia State Bar.
August
22, 2003
WILLIAM
RALPH PALMER
555 New Bern Avenue, Raleigh, North Carolina 27611
VSB Docket No. 01-000-2289
On
August 21, 2003, the Virginia State Bar Disciplinary
Board revoked William Ralph Palmers license
to practice law in the Commonwealth of Virginia.
The boards action was taken with the agreement
of Mr. Palmer, who filed an affidavit consenting
to the revocation. The revocation occurred shortly
before the board was scheduled to conduct a hearing
and decide what action to take as a result of
Mr. Palmers conviction of embezzlement of
client funds. The board summarily suspended Mr.
Palmers license on April 10, 2001, and he
has been ineligible to practice law in Virginia
since that date.
August
20, 2003
George Elridge Leedom, 2503-A Stuart Place, Richmond,
Virginia 23220
VSB Docket Nos. 01-032-1956, 02-032-0968, 02-032-1140,
02-032-1240,
02-032-1439, 02-032-2170, 02-032-2292, 02-032-2734,
02-032-2976
On
August 18, 2003, by agreement, the Virginia State
Bar Disciplinary Board suspended George Elridge
Leedom's license to practice law based
on a disability. The suspension will remain in
place until further order of the board. If the
disability suspension is lifted, Mr. Leedom will
be subject to disciplinary action for prior misconduct.
go
to opinion (posted 8/20/03)
August
20, 2003
Robert
Edward Howard, 2207 Fort Ward Place, Alexandria,
VA 22304
VSB
Docket Nos. 04-000-0025, 04-000-0026, 04-000-0027
On
July 25, 2003, the Virginia State Bar Disciplinary
Board dismissed the charges of non-compliance
with terms against Robert Edward Howard due to
lack of clear and convincing evidence.
go
to opinion (posted 8/20/03)
go
to dissent (posted 8/20/03)
August
12, 2003
ANDREW
ROBERT SEBOK, 1520 Holland Avenue, Norfolk, Virginia
23509
VSB
Docket Nos. 01-021-1007, 01-021-1108, 01-021-2731
On
August 7, 2003, a three-judge panel of the Norfolk
Circuit Court issued a public reprimand with terms
to Andrew Robert Sebok. This was an agreed disposition
of disciplinary charges in three cases. Two of
the cases involved Mr. Sebok's employment for
post-trial criminal work during the late 1990s.
Mr. Sebok received advanced fees but did not place
the funds in his attorney trust account.
In each case, he completed most of the work, but
did not respond to motions to dismiss filed by
the attorney general. The third matter stemmed
from Mr. Sebok's employment as a paralegal in
personal injury cases while his law license was
suspended. In one case, he sent a letter to the
court that appeared to cross the line of unauthorized
practice of law. He also sought appointment as
administrator in two other personal injury cases
so that funds could be disbursed. Mr. Sebok will
be on probation for a period of two years during
which time he must issue refunds to the clients
whose cases he did not conclude, and must not
commit any breach of the Rules of Professional
Conduct. Failure to comply with either term
will result in the revocation of his license to
practice law.
go
to opionion (posted 9/2/03)
August
1, 2003
Troy
Aurelius Titus, 5221 Indian River Road, Virginia
Beach, Virginia 23464
VSB
Docket No. 04-000-0128
On
August 1, 2003, pursuant to an agreed disposition,
the Virginia State Bar Disciplinary Board imposed
a $5,000 penalty and an admonition on Troy Aurelius
Titus for a violation of the Virginia Consumer Real
Estate Settlement Protection Act. Mr. Titus obtained
the bonds necessary to register under CRESPA, but
due to an administrative problem in his office,
he failed to register for several years.
go
to opinion (posted 8/6/03)
go
to CRESPA opinion (posted 8/6/03)
July
21, 2003
Mark
Douglas Henshaw, Esquire, Wells and Henshaw, Suite
202, 9253 Mosby Street, Manassas, VA 20110-5039
VSB
Docket No. 01-053-2861
On July
18, 2003, pursuant to an agreed disposition, the
Virginia State Bar Disciplinary Board, suspended
Mark Douglas Henshaw's license to practice law for
a period of thirty days, beginning August 14, 2003.
The board found that Mr. Henshaw failed to attend
promptly to a client matter; failed to keep the
client reasonably informed of the status of her
case; and failed to comply promptly with the client's
request for information. The board also found that
Mr. Henshaw made false statements to his client
and to a Virginia State Bar investigator.
In approving the thirty day suspension, the board
took into account as mitigating factors Mr. Henshaw's
absence of a disciplinary record; his character
and reputation; and his interim rehabilitation.
go
to opinion (posted 7/25/03)
July
2, 2003*
John
Lydon McGann, Suite 206, 4101 Chain Bridge Road,
Fairfax, VA 22030
VSB
Docket No. 02-041-4131
Arlington
Circuit Court Chancery No.: 03-221
On June
25, 2003, a three-judge panel of Arlington County
Circuit Court found that John Lydon McGann failed
to comply with the terms of an earlier disciplinary
sanction imposed by the Virginia State Bar Fourth
District Disciplinary Committee, Section I, and affirmed
by the Virginia State Bar Disciplinary Board. The
three-judge panel suspended Mr. McGann's license until
he complies with the terms of the previous sanction.
*By
order entered on July 29, 2003, the three-judge
panel lifted the suspension of Mr. McGann's license,
retroactive to 5:00 p.m. on Friday, June 27, 2003.
Disciplinary
Actions January 2002 - June 2002
Disciplinary
Actions July 2001 - December 2001
Disciplinary
Actions January 2001 - June 2001
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Actions July 2000 - December 2000
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Actions January 2000 - June 2000
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Actions July 1999 - December 1999
Disciplinary
Actions January 22, 1999 - June 1999
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