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Disciplinary Actions Taken by the
Virginia State Bar
July
2004 – December 2004
(Except
for agreed dispositions, disciplinary actions imposed
by a District Committee remain subject to appeal for
10 days after notice of the determination is mailed
to the Respondent.)
(Except
for agreed dispositions, disciplinary actions imposed
by the Disciplinary Board remain subject to appeal for
30 days after the Memorandum Order is served on the
Respondent.)
archives
updated
11/24/2008
December
28,
2004
Alice
Kate
Markle
Twiford,
101
Old
Carriage
Way,
Williamsburg,
Virginia
23188
VSB
Docket
05-060-1438
and
05-060-1439
On
December
28,
2004,
the
Virginia
State
Bar
Disciplinary
Board
suspended
Alice
Kate
Markle
Twiford's
license
to
practice
law
for
failure
to
respond
to a
bar
subpoena
duces
tecum.
December
27,
2004
Robert
Spencer
Lewis,
2 East
Main
Street,
P.O.
Box
1264,
Martinsville,
Virginia
24114
VSB
Docket
#05-000-0924
On
December
21,
2004,
the
Virginia
State
Bar
Disciplinary
Board
suspended
Robert
Spencer
Lewis's
license
to
practice
law
for
failure
to
respond
to a
bar
subpoena
duces
tecum.
December 17, 2004
Michael J. Biddinger, P.O. Box 2332, Woodbridge, Virginia 22195-2332
VSB Docket No. 03-060-1348
On December 16, 2004, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Michael J. Biddinger. The board found he had failed in one instance to pay off two real estate loans and procure hazard insurance in a timely manner, and on a number of occasions he failed to file deeds of trust in a timely manner. The board also found he had not regularly reconciled his trust account records, and he had inadequately supervised a non-lawyer assistant. The terms prohibit Mr. Biddinger from handling real estate closings for five years, require a random audit of his non-real estate trust account records, and direct him to prepare an office policy governing supervision of non-lawyer assistants. This was an agreed disposition of misconduct charges against Mr. Biddinger.
go to opinion (pdf posted 1/6/05)
December
16,
2004
Paul
T.
Buckwalter,
II,
Suite
E,
13509
East
Boundary
Road,
Midlothian,
Virginia
23112
VSB
Docket
No.
04-033-1714
On
November
9,
2004,
a
panel
of the
Virginia
State
Bar
Third
District
Committee,
Section
III,
dismissed
charges
of
misconduct
against
Paul
T.
Buckwalter,
II.
December
15,
2004
Bruce
Patrick
Ganey,
10985
Richardson
Road,
P.O.
Box
6006,
Ashland,
Virginia
23005
VSB
Docket
No.
04-060-0719
On
December
14,
2004,
a
panel
of the
Virginia
State
Bar
Sixth
District
Committee
dismissed
charges
of
misconduct
against
Bruce
Patrick
Ganey.
December 13, 2004
Kenneth Paul Mergenthal, 806 Princess Anne Street, Fredericksburg, Virginia 22401-2905
VSB Docket No. 04-060-3404
On December 7, 2004, the Virginia State Bar Sixth District Committee issued a public reprimand with terms to attorney Kenneth P. Mergenthal. Mr. Mergenthal failed to advise a court-appointed client that the Court of Appeals had denied his appeal of a criminal conviction and to appeal the conviction to the Supreme Court of Virginia. The terms imposed require Mr. Mergenthal to withdraw as counsel in all criminal matters in which he currently serves as court-appointed counsel and not to accept any new appointments for a period of not less than three years. This was an agreed disposition of misconduct charges against Mr. Mergenthal.
go to opinion (pdf posted 12/20/04)
December 13, 2004
* **
David H. N. Bean, 258 West King Street, P. O. Box 418, Strasburg, VA 22657
VSB Docket No. 02-070-1395
On December 10, 2004, the Virginia State Bar Disciplinary Board suspended David H. N. Bean's license to practice law for two years, effective February 1, 2005. The board found that Mr. Bean had filed false expert witness designations in three medical malpractice cases. Mr. Bean designated seven physicians as expert witnesses and summarized their opinions in support of each of the cases, when none of the physicians had agreed to serve as expert witnesses, reviewed the plaintiffs' medical records, or were willing to offer opinions that supported the plaintiffs' cases.
go to opinion (pdf posted 12/28/04)
*On
January
19, 2005,
Mr. Bean
filed an
appeal to
the
Virginia
Supreme
Court.
**On
October
31, 2005,
the
Virginia
Supreme
Court
affirmed
their
order of
July 8,
2005,
affirming
the
Disciplinary
Board
decision.
December 10, 2004
Sol Zalel Rosen, 2200 Wilson Blvd., Suite 102-261, Arlington, VA 22201
VSB Docket No. 03-041-3122
On December 7, 2004, a subcommittee of the Virginia State Bar's Fourth District Committee, Section I, dismissed charges of misconduct against Sol Zalel Rosen, at the bar's request, on the ground that the evidence available could not reasonably be expected to support any allegation of misconduct under a clear and convincing evidentiary standard.
December 10, 2004
Charles Everett Malone, Suite 1218, 500 East Main Street, Norfolk, Virginia 23510
VSB Docket Nos. 04-010-0765, 04-010-1444
The Virginia State Bar Disciplinary Board suspended Charles Everett Malone's law license for two years, effective December 10, 2004. The suspension was an agreed disposition of misconduct charges. The board found that Mr. Malone withdrew five thousand dollars of client funds from an escrow account without authorization, and he failed to maintain his accounts in accordance with the rules of the Supreme Court of Virginia. In a second case, Mr. Malone accepted more than three thousand dollars to represent a convicted felon on appeal and reviewed the record, but failed to have himself substituted as counsel, and took no further action. He agreed to repay the fee in full as a condition of this disposition. Failure to comply will result in an additional two-year suspension of his law license.
go to opinion (5.9 MB pdf posted 12/10/04)
December 10, 2004
Randolph Lawrence Carl, P.O. Box 18356, Richmond, Virginia 23226
VSB Docket No. 04-033-2368
On December 7, 2004, a panel of three circuit judges in Richmond publicly reprimanded Randolph Lawrence Carl for billing for compensation in guardian ad litem cases without itemized records to document his work. Because of discrepancies, the Richmond Juvenile and Domestic Relations Court denied all compensation claimed by Mr. Carl for the representations. His license will be suspended for six months if he does not comply with the judges' order to follow the recommendations of a risk-management assessment and to take extra continuing legal education. This was an agreed disposition of misconduct charges against Mr. Carl.
go to opinion (pdf posted 3/21/05)
December 10, 2004
Christopher Leon Anderson, Suite 100, 5905 West Broad Street, Richmond, VA 23230
VSB Docket No. 04-032-0873
On December 7, 2004, a subcommittee of the Virginia State Bar's Third District Committee, Section II, agreed to impose a public admonition with terms on Christopher Leon Anderson. Mr. Anderson, in a contingent fee case, asserted an attorney's lien that was not based upon the value of his services. Instead, he based the lien on one-third of an insurance carrier's settlement offer, which was not accepted. After the client hired another lawyer and terminated Mr. Anderson's representation, Mr. Anderson received the lien amount and did not return the unearned portion. The subcommittee found he had committed misconduct by, in part, charging an unreasonable fee and not returning unearned funds to the client. This was an agreed disposition of charges against Mr. Anderson.
go to opinion (pdf posted 2/14/05)
December 7, 2004
Lawrence Raymond Morton, 17850 Curtis Drive, Dumfries, VA 22026
VSB Docket No. 04-053-0421
On December 6, 2004, the Virginia State Bar Disciplinary Board suspended Lawrence Raymond Morton's license to practice law for sixty days, to take effect April 2, 2006, when a previous two-year suspension concludes. The board found that Mr. Morton failed to competently represent a client in a criminal appeal, and that he failed to respond to the Virginia State Bar's lawful demand for information in an investigation of the client's bar complaint. This was an agreed disposition of misconduct charges against Mr. Morton.
go to opinion (2.5 MB pdf posted 12/10/04)
December 2, 2004
* **
Joseph Leath Anthony, 6225 Hidden Valley Drive, Roanoke, VA 24018-7451
VSB Docket Nos. 02-090-3926
On November 30, 2004, a three-judge panel in Roanoke City Circuit Court publically reprimanded Joseph Leath Anthony for making false statements about the integrity of judges. The panel ordered him not to file pleadings in federal or state court unless he is working with another attorney who is competent in litigation. The judges also ordered him not to write directly to judges about litigation in which he is involved as counsel.
go to opinion (pdf posted 2/10/05)
*On March
1, 2005, Mr.
Anthony filed
an appeal to
the Virginia
Supreme Court.
**On February
17, 2006, the
Virginia
Supreme Court
affirmed the
decision of
the three
judge panel.
November 30, 2004
Richard Charles Scalise, 12158 Tryton Way, Reston, Virginia 20190
VSB Docket Nos. 03-051-1962 and 03-051-1964
On November 29, 2004, the Virginia State Bar Disciplinary Board revoked the law license of Richard Charles Scalise. Mr. Scalise consented to the revocation with ethics charges pending. He acknowledged that he had improperly removed $840,000 from escrow accounts of a title insurance agency and a settlement agency. He was the sole shareholder and principal of both.
go to consent to revocation (pdf posted 12/1/04)
November 22, 2004*
** *** ****
***** ******
******* ********
*********
**********
***********
************
Walter Franklin Green, IV, 77 North Liberty Street, Post Office Box 512,
Harrisonburg, Virginia 22803-0512
VSB Docket No. 03-070-3720
On November 19, 2004, the Virginia State Bar Disciplinary Board suspended the law license of Walter Franklin Green, IV for a period of sixty days, effective January 15, 2005. The board found that Mr. Green failed to act diligently and committed a wrongful act reflecting adversely on his fitness to practice law during his representation of two brothers in a narcotics case.
view see Supreme Court of Virginia opinion (link leads to the website of the Supreme Court of Virginia)
Mr. Green
has filed for
reconsideration.
*On January 14,
2005 the Virginia
Supreme Court
stayed the
suspension pending
appeal.
**On January 20,
2005 Mr. Green
filed an appeal to
the Virginia
supreme Court.
go to opinion (pdf posted 12/28/04)
***On September
16, 2005 the
Virginia Supreme
Court remanded the
case back to the
Disciplinary Board
for sanction.
****On October 10,
2005, Mr. Green
petitioned the
Virginia Supreme
Court for a
rehearing.
*****On November
11, 2005, the
Virginia Supreme
Court denied the
petition for
rehearing.
******On January
10, 2006 the
Disciplinary Board
suspended Mr.
Green for 60 days
effective
immediately.
go to final order (pdf posted 2/1/06)
*******On January
12, 2006, the
Virginia Supreme
Court stayed the
suspension pending
appeal.
********On
November 3,
2006, the
Virginia Supreme
Court reversed,
vacated and
remanded the
case back to the
Disciplinary
Board for
further
proceedings.
*********On
January 26,
2007, the
Virginia State
Bar Disciplinary
Board suspended
Mr. Green's law
license for a
period of
forty-five days
effective July
1, 2007.
**********On
February 23,
2007, Mr. Green
filed an appeal
to the Virginia
Supreme Court.
View Suspension Order (pdf posted 03/05/07)*
***********On
November 2,
2007, the
Virginia Supreme
Court affirmed
the decision of
the Disciplinary
Board suspending
Mr. Green's
license to
practice law for
forty-five days.
************On
November 30,
2007, Mr. Green
petitioned the
Virginia Supreme
Court for a
rehearing of the
appeal.
November 22, 2004
Oliver Stuart Chalifoux, Lexington Commons Office Park, 10132 West Broad Street, Glen Allen, Virginia 23060
VSB Docket Nos. 03-033-3680 and 04-033-2472
Circuit Court Case No. CL04-1066
On November 19, 2004, a three-judge panel in the Henrico Circuit Court suspended Oliver Stuart Chalifoux's license to practice law for five years, effective December 19, 2004. The court found that Mr. Chalifoux failed to act with diligence and promptness in representing his clients in tax matters; failed to comply with reasonable requests from the clients for information; failed to promptly return the clients' property and failed to provide all original, client-furnished documents which were in his possession upon termination of the representation. The court also found that Mr. Chalifoux practiced law while his license was suspended. In another matter, the three-judge panel found that Mr. Chalifoux knowingly made false statements to the Virginia State Bar Disciplinary Board; offered the board evidence that he knew to be false and engaged in professional conduct involving dishonesty, fraud, deceit or misrepresentations.
go to opinion (pdf posted 2/4/05)
November
19, 2004
Steven
Edgar Bennett, 364
McLaws Circle, Suite
1B, Williamsburg,
Virginia 23185
VSB
Docket No. 05-060-1736
On
November 19, 2004,
the Disciplinary
Board accepted an
agreed disposition
indefinitely suspending
Mr. Bennett's license
to practice law
in Virginia on impairment
grounds. Mr. Bennett
and his guardian
ad litem stipulated
to certain findings
of fact and misconduct
that may give rise
to disciplinary
sanctions when the
impairment suspension
is lifted.
go to opinion (pdf posted 11/22/04)
November
18, 2004
Gary Blane Vanover, P.O. Box 890, Clintwood, Virginia 24228-0890
VSB Docket No. 05-000-0450
On November 16, 2004, the Virginia State Bar Disciplinary Board summarily suspended Gary Blane Vanover's license to practice law for failure to comply with an order of the board dated September 30, 2004.
November 16, 2004
Jon Ian Davey, Law Office of Jon I. Davey, 128 South Market Street, P. O. Box 777, Danville, VA 24543-0777
VSB Docket No. 04-090-1804
On November 15, 2004, the Virginia State Bar Ninth District Committee issued a public reprimand with terms to Jon Ian Davey for negligently failing to perfect three criminal appeals pending before the Virginia Court of Appeals and the Virginia Supreme Court. This was an agreed disposition of misconduct charges against Mr. Davey.
go to opinion (pdf posted 11/18/04)
November 12, 2004
Eli S. Chovitz, St. Paul's Building, Suite 503, 125 St. Paul's Boulevard, Norfolk, Virginia 23510
VSB Docket No. 04-021-0555
On November 9, 2004, the Virginia State Bar Disciplinary Board revoked Eli S. Chovitz's law license. Mr. Chovitz consented to the revocation with ethics charges pending. He acknowledged that, while he was trustee of a trust, he attempted to distribute $4,000 to the beneficiary, but the check was returned for insufficient funds. Mr. Chovitz could not account for the deficit.
go to opinion (pdf posted 11/12/04)
November 10, 2004
Melinda Faith Seemar, Stallings and Bischoff, PC, Suite 801, 2101 Parks Avenue, Virginia Beach, VA 23451
VSB Docket No. 04-021-0645
On November 8, 2004, a panel of the Virginia State Bar Second District Committee, Section I, dismissed misconduct charges against attorney Melinda Faith Seemar after determining that the bar had failed to present clear and convincing evidence.
October 28, 2004
Thomas Kenneth Plofchan Jr., Plofchan & Associates, 46175 Westlake Drive, Suite 320, Sterling, Virginia 20165
VSB Docket No. 02-070-0225
Reversed and remanded. More . . .
October 26, 2004
David Michael Shapiro, Suite 100, Libbie Law Center, 2201 Libbie Avenue, Richmond, Virginia 23230
VSB Docket No. 03-031-3890
On October 26, 2004, a three-judge panel in the Circuit Court of the City of Richmond dismissed without prejudice charges of misconduct against David Michael Shapiro until such time as a disability suspension imposed by the Virginia State Bar Disciplinary Board pursuant to an agreed disposition is lifted.
October 26, 2004
Lawrence Raymond Morton, Esq., 17850 Curtis Drive, Dumfries, VA 22026
VSB Docket No. 03-053-1264
On October 25, 2004 a subcommittee of the Virginia State Bar's Fifth District Committee, Section III, publicly reprimanded Lawrence Raymond Morton for failing to competently represent a client in a domestic relations matter and to respond to the bar's lawful demand for information. Among other findings, the subcommittee determined that Mr. Morton failed to propound discovery to the opposing party so that child support could be calculated. This was an agreed disposition of disciplinary charges against Mr. Morton.
go to opinion (pdf posted 11/2/04)
October 26, 2004
John R. Willett, 1705 Fern Street, Alexandria, Virginia 22302-2607
VSB Docket No. 99-042-1438
On October
22, 2004, the Virginia State
Bar Disciplinary Board revoked
John R. Willett's license
to practice law, effective
November 22, 2004. The board
found that, in a personal
injury case, Mr. Willett used
a false, fraudulent, misleading,
or deceptive statement or
claim in soliciting a client;
engaged in conduct involving
dishonesty, fraud, deceit,
or misrepresentation; failed
to act with competence; knowingly
made a false statement of
law or fact; communicated
with a represented party;
and charged unreasonable fees.
go
to opinion (pdf
posted 11/19/04)
October 22, 2004*
William Harold Butterfield, Bell, Boyd & Lloyd, Suite 1200, 1615 L Street, NW, Washington, DC 20036
VSB Docket No. 05-000-1513
On October 22, 2004, the Virginia State Bar Disciplinary Board summarily suspended William Harold Butterfield's license to practice law in Virginia. The action was based on an order of the District of Columbia Court of Appeals suspending Mr. Butterfield's license to practice law in the District of Columbia for thirty days. Mr. Butterfield was ordered to appear before the board on November 19, 2004, to show why the same discipline should not be imposed in Virginia.
*On November 19, 2004, by agreed disposition the Disciplinary Board suspended Mr. Butterfield's license to practice law in Virginia for thirty days, effective October 22, 2004. The board had summarily suspended his law license on October 22, 2004, after receiving notice that the District of Columbia Court of Appeals had suspended his license to practice law in the District of Columbia for a thirty day period commencing July 17, 2004. The District of Columbia Court of Appeals found that Mr. Butterfield had a conflict of interest in representing a new client in a bid protest against the awarding of a government contract to an existing client of his firm.
go to opinion (2.3 MB pdf posted 11/24/04)
October
22, 2004
* ** ***
Curtis Tyrone Brown, Suite 306, 555 Fenchurch Street Norfolk, Virginia 23510
VSB Docket No. 00-010-2346
On
October 22, 2004, the
Virginia State Bar
Disciplinary Board
suspended Curtis Tyrone
Brown's license to
practice for one year,
effective November 21,
2004. The board found that
Mr. Brown engaged in acts
of fraud, deceit, and
misrepresentation by
filing a motion with the
circuit court that falsely
accused the prosecutor of
approaching two other
attorneys about
fabricating a case against
Brown's client. The board
also found that Mr. Brown
filed the motion with the
intent to harass or injure
another.
view see Supreme Court of Virginia opinion (link leads to the website of the Supreme Court of Virginia)
*
On November 18, 2004,
the Virginia Supreme Court
stayed the suspension
pending appeal.
go to opinion (pdf posted 12/1/04)
**
On December 27, 2004,
Mr. Brown filed an
appeal to the Virginia
Supreme Court.
***On November 4, 2005,
the Virginia Supreme
Court reversed the
Disciplinary Board order
of November 24, 2004,
and remanded the matter
back to the bar to
schedule a circuit court
proceeding.
October 22, 2004
David Michael Shapiro, Suite 100, Libbie Law Center, 2201 Libbie Avenue, Richmond, VA 23230
VSB Docket No. 05-000-1545
On October 22, 2004, the Virginia State Bar Disciplinary Board accepted an agreed disposition suspending David Michael Shapiro's license to practice law on disability grounds.
go to opinion (pdf posted 10/22/04)
October 18, 2004
Wilber Thurston Harville, Suite 600, One Columbus Center, Virginia Beach, Virginia 23462
VSB Docket Nos. 04-021-1489 and 04-021-0737
On October 14, 2004, the Virginia State Bar Second District Committee, Section I, publicly reprimanded Wilber Thurston Harville for ethical violations arising from a civil matter and a criminal appeal. The committee reprimanded Mr. Harville for a lack of diligence, failing to keep his clients reasonably informed, failing to place an advance payment of a fee in escrow, and committing a deliberately wrongful act.
go to opinion (posted 11/2/04)
October 18, 2004
Barry L. Flora, 15 East Salem Avenue, Suite 302, Roanoke, Virginia 24011
VSB Docket No. 02-080-0636
On September 30, 2004, a three-judge panel in Circuit Court for the City of Roanoke imposed a public reprimand with terms on Barry L. Flora for failing to forward refund checks to seventy-six real estate clients and failing to deposit the money into escrow accounts. He eventually returned the money to the clients after a complaint was made to the Virginia State Bar. This was an agreed disposition of ethics charges against Mr. Flora.
go to opinion (pdf posted 11/24/04)
October 12, 2004
David Nash Payne, 1326 Chesapeake Avenue, Hampton, VA 23661
VSB Docket No. 03-000-2154
On October 1, 2004, the Virginia State Bar Disciplinary Board summarily suspended David Nash Payne’s license to practice law for failure to comply with an order of the board dated April 28, 2004.
October 12, 2004
Frederick Ross Coates, P.O. Box 328, Madison, Virginia 22727-0328
VSB Docket No. 03-070-3493
On October 5, 2004, the Virginia State Bar’s Seventh District Committee publicly reprimanded Frederick Ross Coates for failing to refuse employment when his interests may have impaired his independent professional judgment in a real estate case. Mr. Coates consented to the reprimand rather than defend misconduct charges.
go to opinion (pdf posted 8/12/04)
October 7, 2004
Linda Wiser Sadler, 8327 Whitewood Road, Richmond, VA 23235-2053
VSB Docket No. 05-032-0205
On October 5, 2004, the Virginia State Bar Disciplinary Board revoked Linda Wiser Sadler's law license. At the time, the bar was investigating charges that, while serving as treasurer of a soccer league, she had paid personal bills totaling at least $85,000 from the league's funds. Ms. Sadler consented to the revocation.
go to consent to revocation (pdf posted 10/7/04)
October 7, 2004
David Mayer Hill, 10207 North Hampton Lane, Fredericksburg, VA 22408
VSB Docket No. 04-060-3188
On October 7, 2004, the Virginia State Bar Disciplinary Board suspended David Mayer Hill's license to practice law for failure to respond to a bar subpoena duces tecum.
September 30, 2004
Jamie Scott Osborne, P.O. Box 2797, Manassas, Virginia 20108-2797
VSB Docket No. 04-060-3592
On September 29, 2004, the Virginia State Bar Disciplinary Board suspended Jamie Scott Osborne's license to practice law for failure to respond to a bar subpoena duces tecum.
September 30, 2004
Alan Jay Cilman, 4160 Chain Bridge Road, Fairfax, VA 22030
VSB Docket No. 02-000-2325
On September 28, 2004, at the request of the Virginia State Bar, a three-judge circuit court panel dismissed charges that Alan Jay Cilman had violated a rule of the Supreme Court of Virginia.
September 23, 2004
David Nicholls Montague, 33-E West Queen's Way, Hampton, VA 23669
VSB Docket No. 04-010-1921
On September 21, 2004, the Virginia State Bar Disciplinary Board publicly reprimanded David Nicholls Montague for lack of diligence in a divorce matter and failure to tell the client about the suspension of his law license in October 2003. This was an agreed disposition of disciplinary charges against Mr. Montague.
go to opinion (pdf posted 9/29/04)
September 20, 2004
Kenneth R. Weiner, Suite 411, 3251 Old Lee Highway, Fairfax, VA 22030-1504
VSB Docket No. 02-051-1408
On September 16, 2004, a panel of three circuit judges publicly reprimanded Kenneth R. Weiner for a conflict of interest in a divorce matter. Mr. Weiner agreed to the sanction.
go to opinion (pdf posted 10/29/04)
September 15, 2004
Ted William Hussar, 7215 Poplar St., Annandale, VA 22003-3011
VSB Docket No. 03-052-2834
On September 14, 2004, the Virginia State Bar Fifth District Committee, Section II, publicly reprimanded Ted William Hussar for failing to properly supervise nonlawyer staff, lack of diligence, and a conflict of interest. Mr. Hussar agreed to the sanction.
go to opinion (pdf posted 9/24/04)
September 13, 2004
Christopher Hunter Lynt, 7502 Toll Court, Alexandria, Virginia 22306
VSB Docket No. 00-042-2093
On September 10, 2004, a three-judge panel in the Alexandria Circuit Court suspended Christopher Hunter Lynt’s license to practice law for two years. The court found that Mr. Lynt wrongly used client secrets and confidences to file an unauthorized patent application, listing himself as a co-inventor. He subsequently claimed more than $2.6 million from his former client’s successor for the invention. The former client and others filed suit against Mr. Lynt, but because of business necessity settled the matter by paying him $30,000 to secure assignment of the patent application.
go to opinion (pdf posted 9/29/04)
September 13, 2004*
Arnold Reginald Henderson V, 116 East Franklin Street, Suite 102, Richmond, Virginia 23219
VSB Docket No. 04-032-2883
On September 10, 2004, the Virginia State Bar Disciplinary Board suspended Arnold Reginald Henderson V’s license to practice law for failure to respond to a bar subpoena duces tecum.
*On September 15, 2004, the Virginia State Bar Disciplinary Board lifted the suspension of Arnold Reginald Henderson V’s license to practice law.
September 13, 2004
Linda Wiser Sadler, 8327 Whitewood Road, Richmond, Virginia 23235-2053
VSB Docket No. 05-032-0205
On September 10, 2004, the Virginia State Bar Disciplinary Board suspended Linda Wiser Sadler’s license to practice law for failure to respond to a bar subpoena duces tecum.
August 30, 2004*
Leslie Wayne Lickstein, 4126 Leonard Drive, Fairfax, VA 22030-5118
VSB Docket No. 04-051-2217
On August 27, 2004, the Virginia State Bar Disciplinary Board suspended Leslie Wayne Lickstein's license to practice law. The action was based on an order of the United States Bankruptcy Court in Alexandria, which suspended Mr. Lickstein's license to practice before the court for five years for failing to make full disclosures to the court, for filing incorrect information and for failing to correct the filings. Mr. Lickstein was ordered to appear before the board on September 24, 2004, to show why the same discipline should not be imposed in Virginia.
*On September 20, 2004, the Virginia State Bar Disciplinary Board suspended Leslie Wayne Lickstein’s license to practice law for five years, beginning October 1, 2004.
go to opinion (pdf posted 9/29/04)
August 30, 2004*
Richard A. Pizzi, 33 Georgetown Court, Baskingridge, New Jersey 07920
VSB Docket No. 05-000-0490
On August 27, 2004, the Virginia State Bar Disciplinary Board summarily suspended Richard A. Pizzi's license to practice law in Virginia. The action was based on an order of the Supreme Court of New Jersey permanently disbarring Mr. Pizzi in New Jersey. The board ordered Mr. Pizzi to appear before it on September 24, 2004, to show cause why his Virginia license should not be revoked.
*On September 21, 2004, the Virginia State Bar Disciplinary Board revoked Richard A. Pizzi’s law license. Mr. Pizzi consented to the revocation.
go to consent to revocation (pdf posted 9/22/04)
August 30, 2004*
** *** ****
Dominick Anthony Pilli, Esquire, 10560 Main St., Suite 308, Fairfax, VA 22030
VSB Docket Number 02-051-2053
On August 27, 2004, the Virginia State Bar Disciplinary Board suspended Dominick Anthony Pilli's license to practice law for ninety days. The board found he had made false statements about the integrity and qualifications of a judge. The suspension is effective October 1, 2004.
go to opinion (pdf posted 9/22/04)
*On September 24, 2004, the Virginia Supreme Court stayed the suspension pending appeal.
**On October 25,
2004, Mr. Pilli appealed
to the Virginia Supreme
Court.
***On April 22,
2005, the Virginia
Supreme Court affirmed
the Disciplinary Board's
decision.
****On May 9,
2005, Mr. Pilli appealed
to the U.S. Supreme
Court.
August 30, 2004*
**
Donna Marie Briggs, 531 Spotswood Avenue, Norfolk, Virginia 23517
VSB Docket No. 02-022-3082 and 02-022-3487
On August 27, 2004, the Virginia State Bar Disciplinary Board revoked Donna Marie Briggs's license to practice law. The board found that in numerous lawsuits she initiated on her own behalf, Ms. Briggs failed to abide by court orders and rules, made false and misleading statements to the court, and made reckless statements about the integrity of state and federal judges.
go to opinion (PDF posted 9/14/04)
*On
October 13, 2004, Ms.
Briggs filed an appeal
to the Supreme Court of
Virginia.
*On February 1,
2005, the Virginia
Supreme Court dismissed
the appeal filed by Ms.
Briggs.
August 27, 2004
James Floyd Kelley, 122 West 14th Street, Mail Box 77, Front Royal, Virginia 22630
VSB Docket No. 05-000-0394
On August 27, 2004, the Virginia State Bar Disciplinary Board suspended James Floyd Kelley's license to practice law in Virginia on disability grounds.
go to opinion (PDF posted 8/30/04)
August
27, 2004 *
** *** ****
Michael Henry Ditton, 2210 Bridger Drive, Bozeman, Montana, 59715
VSB Docket No. 02-042-0559
On August 25, 2004, a three-judge panel of the Circuit Court of the City of Alexandria suspended Michael Henry Ditton's law license for five years. Mr. Ditton was charged with obstruction of justice. A capias was issued for his arrest after he failed to appear on the charge. Evidence presented at the three-judge panel hearing established that Mr. Ditton has a long history of abuse of legal process, including willful violation of a court order prohibiting him from filing further legal actions without leave of court.
go
to opinion (pdf
posted 8/12/04)
*
On November 5, 2004, the
Virginia Supreme Court stayed
the suspension pending appeal.
**On January 6, 2005 Mr.
Ditton filed an appeal to
the Supreme Court of
Virginia.
***On July 22, 2005, the
Virginia Supreme Court
affirmed the suspension
and returned the case to
the Circuit Court to set a
suspension date.
****On December 2, 2005,
the Circuit Court
suspended Mr. Ditton's
license effective
immediately.
go to opinion (pdf posted 12/7/05)
August
24, 2004
William
G. Beninghove, 8235 Mechanicsville
Turnpike, Suite B, Mechanicsville,
VA 23111
VSB
Docket No. 02-060-2493
On
August 17, 2004, the Virginia
State Bar's Sixth District
Committee voted to publicly
admonish William G. Beninghove
for ethical violations arising
from his work as a special
commissioner in a partition
suit in Hanover County. The
committee found he had failed
to handle the matter diligently,
failed to communicate and
charged an unreasonable fee.
go to opinion (pdf posted 9/21/04)
August
24, 2004*
** *** ****
Bruce
Patrick Ganey, 10985 Richardson
Road, P. O. Box 6006, Ashland,
VA 23005
VSB
Docket No. 02-060-2490
On
August 17, 2004, the Virginia
State Bar's Sixth District
Committee voted to publicly
reprimand Bruce Patrick Ganey
for ethical violations arising
from his work as a special
commissioner in a partition
suit in Hanover County. The
committee found he had failed
to handle the matter diligently,
failed to communicate and
charged an unreasonable fee.
go to opinion (pdf posted 9/21/04)
*On September 30, 2004, Mr. Ganey filed an appeal and demanded that further proceedings be conducted in circuit court. Therefore, the public reprimand is stayed pending appeal.
**On September 8, 2005, a
three-judge court sitting in
Hanover County Circuit Court
voted to dismiss one
allegation of misconduct
against Mr. Ganey, but
affirmed imposition of a
public reprimand. The
decision of the panel will
become effective upon entry
of a memorandum order.
***On February 7, 2006, Mr.
Ganey filed an appeal with
the Virginia Supreme Court.
****On June 12, 2006 , the
Virginia Supreme Court
returned the record.
The court noted that no
petition for appeal was
filed.
go to opinion (pdf posted 1/19/06)
August
24, 2004
James
Newton Dickson III, Suite
405, 57 South Main Street,
Harrisonburg, Virginia 22801
VSB
Docket No. 02-070-0731
On August
12, 2004, pursuant to an agreed
disposition, the Virginia
State Bar Seventh District
Committee publicly reprimanded
James Newton Dickson III for
failing to comply with the
terms of a private reprimand
issued November 21, 2002.
The original discipline was
issued because Mr. Dickson
failed to file transcripts
with the Court of Appeals
in a timely manner, which
caused dismissal of the client's
appeal.
go to opinion (pdf posted 9/8/04)
August
24, 2004
Royce
Lee Givens Jr., 116-P Edwards
Ferry Road, NE, Leesburg,
Virginia 20176
VSB
Docket No. 04-070-0396
On August
12, 2004, the Virginia State
Bar Seventh District Committee
issued a public reprimand
to Royce Lee Givens Jr. This
was an agreed disposition
of misconduct charges against
Mr. Given for filing a frivolous
lawsuit. The trial court ruled
that the suit was not warranted
by existing law and was imposed
for an improper purpose. The
court sanctioned Mr. Givens
and awarded attorney's fees
and costs against him and
his client.
go to opinion (pdf posted 9/8/04)
August
19, 2004
Jeffrey
Paul Kantor, 927 South Reed
Drive, Suite 4, Arlington,
VA 22204-2311
VSB
Docket Nos. 04-014-0506 and
04-041-2539
On
August 19, 2004, the Virginia
State Bar Disciplinary Board
revoked Jeffrey Paul Kantor's
law license. Mr. Kantor consented
to the revocation. Because
Mr. Kantor abandoned his legal
practice, it is under the
control of a receiver appointed
by the Circuit Court for the
County of Arlington. His license
has been suspended since March
30, 2004.
go
to order of revocation
(PDF
posted 8/19/04)
August
10, 2004
Wayne
Roy Morgan Jr., 304 East Main
Street, Richmond, Virginia
23219
VSB
Docket No. 03-033-3757
On August
10, 2004, a panel of the Virginia
State Bar Third District Committee
dismissed charges of misconduct
against Wayne Roy Morgan Jr.
for lack of sufficient evidence.
August
3, 2004
Elizabeth Ann Mack Callaway,
15 Garrett Street, Warrenton,
VA
20186-3108
VSB
Docket No. 03-070-0212
On August
3, 2004, the Virginia State
Bar Disciplinary Board issued
a public reprimand with terms
to Elizabeth Ann Mack Callaway
for failing to file a responsive
pleading in a timely manner
and failing to notify her
clients that a default judgment
had been entered against them.
The terms require Ms Callaway
to complete six additional
hours of continuing legal
education in ethics by 2005.
If she fails to do so, the
case will be certified to
the board for a sanction determination.
This was an agreed disposition
of disciplinary charges against
Ms Callaway.
go
to opinion (PDF
posted 8/10/04)
August 2, 2004*
Randy
Alan Weiss, 8830 Sleepy Hollow
Lane, Potomac, Maryland 20854
VSB Docket
No. 04-000-2066
On July 30,
2004, the Virginia State Bar
Disciplinary Board summarily
suspended Randy Alan Weiss's
license
to practice law in Virginia.
The action was based on an
order of the United States
Court of Appeals for the District
of Columbia suspending Mr.
Weiss's license to practice
law before the court for three
year for illegally taking
funds from his law firm. Mr.
Weiss was ordered to appear
before the board on August
27, 2004, to show why the
same discipline should not
be imposed in Virginia.
*On
August 12, 2004, pursuant
to an agreed disposition,
the board suspended Mr.
Weiss's Virginia license
for three years, commencing
July 29, 2004. Consistent
with the District of Columbia
order, the board suspended
one year of the suspension.
Stephen
John Perrella, Esq., 517 F Avenue,
#3, Coronado, California 92118
VSB
Docket No. 05-000-0025
The Virginia
State Bar Disciplinary Board
summarily suspended Stephen
John Perrella's Virginia
law license, effective July
29. The supsension arises from
Mr. Perrella's convictions in
California of second-degree
burglary and petty theft. The
board ordered him to appear
before it on August 27, 2004,
to show cause why his Virginia
license should not be further
suspended or revoked.
*The Virginia State Bar Disciplinary Board revoked Stephen John Perrella's Virginia law license, effective August 27. The revocation arises from Mr. Perrella's convictions in California of the felonies of second-degree burglary and petty theft.
go to opinion (pdf posted 9/22/04)
August
2, 2004
Khalid
Mahmood, Esq., 210 East Broad
Street, No. 208, Falls Church,
Virginia 22046
VSB
Docket No. 02-053-1250
On
July 28, 2004, a three-judge circuit
court imposed a one-year suspension
with terms on Khalid Mahmood's
license to practice law in Virginia.
The court suspended implementation
of the sanction provided Mr. Mahmood
remains under the care of a psychologist
and follows treatment recommendations.
This was an agreed disposition
of disciplinary charges growing
out of Mr. Mahmood's conviction
of two misdemeanor counts of stalking.
The court's order also provides
that Mr. Mahmood's license will
be revoked if he is convicted
of any other acts of stalking
committed through June 1, 2006.
go
to opinion (PDF
posted 8/10/04)
July 30, 2004
Larry Lynn Lewis,
3515 Soffit Place, Woodbridge, Virginia
22192-5213
VSB Docket No.
04-051-2579
On July 29, 2004,
Larry Lynn Lewis consented to
the revocation of his Virginia law
license. The revocation is
based on Mr. Lewis's guilty plea
to a felony count of forging a judge's
signature on a divorce decree and
presenting the document to the client
as an official court order.
go
to order of revocation (PDF
posted 8/19/04)
July 26, 2004* **
*** **** ***** ****** *******
********
Timothy Martin Barrett,
Esq., 5701 Thurston Avenue, Suite
101, Virginia Beach, Virginia 23455
VSB Docket Nos. 02-022-1069
and 02-022-1070
The Virginia State
Bar Disciplinary Board suspended Timothy
Martin Barrett's license to practice
law for three years, effective July
23, 2004. The board found that Mr.
Barrett, while representing himself
in his divorce, violated ethics rules
when he filed frivolous pleadings,
threatened opposing counsel with disciplinary
charges solely to gain an advantage,
and communicated improperly with a
judge and the opposing party. Mr.
Barrett also violated ethics rules
by twice being found in contempt of
court for failing to pay spousal and
child support.
*On July 27, 2004,
the Virginia Supreme Court stayed
the suspension pending appeal.
go
to opinion (PDF
posted 8/10/04)
**On September 7, 2004, Mr. Barrett filed an appeal to the Supreme Court of Virginia.
***On
April 22, 2005, the Virginia Supreme
Court reversed the decision in part
and remanded the matter to the
Disciplinary Board for
reconsideration of a sanction.
****On
September 2, 2005 the Disciplinary
Board suspended Mr. Barrett's
license for 27 months effective
September 2, 2005.
go to order (PDF posted 04/26/06)*
*****On
September 6, 2005, the Virginia
Supreme Court stayed the suspension
pending appeal.
******On
October 12, 2005, Mr. Barrett filed
an appeal to the Virginia Supreme
Court.
*******On
April 21, 2006, the Virginia Supreme
Court affirmed the decision of the
Disciplinary Board.
go to opinion (link posted 04/25/06)
********On May
23, 2006 the Virginia State Bar
suspended Mr. Barrett's license to
practice law.
July 26, 2004
Robert William Gookin,
Suite 101, 125 Rowell Court, Falls Church,
VA 22046
VSB Docket Nos. 02-041-1061,
03-041-1066, 03-041-1994, 03-041-2533,
03-041-2784
On July 23, 2004, the
Virginia State Bar Disciplinary Board
suspended Robert William Gookin's law
license for thirty days, effective August
14, 2004. The respondent stipulated
that he engaged in ethical misconduct
associated with failure to communicate
and lack of diligence and competence.
go
to opinion (PDF
posted 8/10/04)
July 20, 2004
Charles Lowenberg Pincus,
III, Suite 140, 1206 Laskin Road, Virginia
Beach, VA 23451
VSB Docket Nos. 03-021-1861,
03-021-1866, 03-021-1868, 03-021-1873,
03-021-2183,
04-021-0670
The Virginia State Bar
Disciplinary Board suspended Charles Lowenberg
Pincus III's license to practice law for 45 days, effective August
1, 2004, fined him $2,000 and placed him
under an 18-month supervision of his escrow
accounts. In an agreed disposition, the
board found Mr. Pincus violated ethics
rules that govern accounting and record-keeping,
and he conducted residential real estate
settlements without being registered under
the Virginia Consumer Real Estate Settlement
Protection Act. Although the accounting
violations included overdrafts, no client
funds were lost.
go
to opinion (posted
7/23/04)
July
9, 2004
Michael
Joseph Miller, Miller & Associates, 105
North Alfred Street, Alexandria, VA 22314
VSB
Docket No. 01-042-2286
On
July 8, 2004, a panel of the Virginia State
Bar Fourth District Committee, Section II,
dismissed charges of misconduct brought
against Michael Joseph Miller.
July 9, 2004
Larry Michael Gross,
Route 1, Box 2050, Buckingham, VA
23921
VSB Docket No. 04-000-0354
On July 8, 2004, pursuant
to an agreed disposition, the Virginia State
Bar Disciplinary Board fined Larry Michael
Gross $1000 for violating the Virginia Consumer
Real Estate Settlement Protection Act (
CRESPA ). From November 1998 to
May 2001, Mr. Gross acted as the settlement
agent in seven residential real estate closings
without proper CRESPA registration, a professional
liability insurance policy, a surety bond
or a separate fiduciary trust account.
go
to opinion (PDF
posted 7/20/04)
July 1, 2004*
Steven Jeffrey Riggs,
1146 Civil Center Drive West, Santa Ana,
CA 92703
VSB Docket No. 04-000-3662
Effective June 25, 2004,
the Virginia State Bar Disciplinary Board
summarily suspended Steven Jeffrey Riggs's
license to practice law in Virginia. The
action was based on a two-year suspension
with reinstatement conditions of Mr. Riggs's
license to practice law in California. All
but six months of the California suspension
was stayed, and a probationary period of
three years was imposed. In California,
Mr. Riggs was found to have violated professional
rules arising from his failure to refund
unearned advance fees, failure to provide
an accounting of services rendered for fees
paid, failure to release client files and
property after the representation ended,
incompetence and failure to cooperate with
the California bar. The Virginia board ordered
Mr. Riggs to appear before it on July 23,
2004, to show cause why the same discipline
that was imposed in California should not
be imposed in Virginia.
*On July
23, 2004, the Virginia State Bar Disciplinary
Board suspended Steven Jeffrey Riggs’s
license to practice law in Virginia, effective
March 22, 2004. The Virginia suspension
includes the same terms as California’s,
with an additional requirement that
Mr. Riggs comply with the Virginia rule
that requires a suspended attorney to
notify clients of his status.
go
to opinion (PDF
posted 7/28/04)
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