Disciplinary
Actions Taken by the
Virginia State Bar
July
1999 - December 1999
December
30, 1999*
Joseph
Dee Morrissey, Morrissey & Hershner, P.L.C., Seven
South Adams Street, Richmond, VA 23220-5601
Chancery
No. HK-1655
On
December 29, 1999, a three judge panel of the Circuit
Court of the City of Richmond ruled that attorney
Joseph Dee Morrissey's license to practice law in
the Commonwealth of Virginia shall be suspended
for three years for ethical misconduct. The court
found that Mr. Morrissey's criminal contempt of
court on two different occasions violated Disciplinary
Rule 1-102(A)(3), which prohibits a lawyer from
committing a crime or other deliberately wrongful
act that reflects adversely on the lawyer's fitness
to practice to law. The court also found that Mr.
Morrissey had violated Disciplinary Rule 7-105(A)
by disregarding a standing rule of a tribunal. Mr.
Morrissey's three-year suspension shall become effective
upon entry of an order by the court.
*On
March 27, 2000, the Supreme Court of Virginia granted
Mr. Morrissey's petition to stay the three-year
suspension ordered by the Circuit Court of the City
of Richmond pending his appeal to the court.
December
29, 1999
Robert
Brown Patterson, P.O. Box 2051, Middleburg, VA 20118.
VSB
Docket No. 98-070-1736
On
December 17, 1999, the Virginia State Bar Disciplinary
Board imposed a 90-day suspension effective January
1, 2000, against the Respondent, Robert Brown Patterson.
Based upon evidence stipulated by the bar counsel
and counsel for the respondent, the Disciplinary
Board finds that the respondent, having received
a certified mailing notifying him that his license
to practice law was suspended for nonpayment of
his state bar dues, appeared before the Circuit
Court of Loudoun County representing a client on
a criminal charge. This action is found to violate
DR 1-102(A)(3). The Disciplinary Board further finds
that when questioned by the judge of that court
concerning the judge's understanding that the respondent's
license had been suspended, the respondent replied
to the judge, "This is news to me, Your Honor."
The Disciplinary Board finds such a statement made
to the Court was a knowing misrepresentation in
violation of DR 1-102(A)(4).
December
29, 1999
William
Thomas Stone, Stone and Associates, P.C., P.O. Box
HB, Williamsburg, VA 23187-3606
VSB
Docket Nos. 97-060-1199, 97-060-2990, 98-060-2819,
99-060-2952
William
Thomas Stone petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in
Virginia with disciplinary charges pending on December
27, 1999. The board accepted the petition and revoked
his license on December 28, 1999. Summaries of the
charges will be forwarded to the Virginia Supreme
Court.
December
20, 1999
Sherman
William Everlof, Jr., 7 Wall Street, P.O. Box 557,
Warrenton, VA 20186.
VSB
Docket No. 99-070-0652
On
December 17, 1999, the Virginia State Bar Disciplinary
Board revoked the license of Sherman William Everlof,
Jr., for violations of DR 1-102(A)(3), DR 1-102(A)(4),
DR 6-101(B), DR 7-101(A), DR 9-102(B)(4) and DR
9-103, arising out of Mr. Everlof's misuse of trust
funds during a period of excessive use of alcohol.
The Virginia State Bar Disciplinary Board had summarily
suspended the law license of Mr. Everlof by order
dated December 2, 1998. On November 24, 1998, the
Circuit Court of the County of Fauquier granted
bar counsel's petition for the immediate inspection
of any and all records, documents, and physical
or other evidence belonging to Mr. Everlof, and
that a receiver be appointed and an injunction be
entered pursuant to VA. CODE ANN. Sections 54.1-3900.01
and 54.1-3936 (A) and (B). Patricia Woodward, Esquire,
was appointed to receive all funds or property belonging
to or subject to the control of Mr. Everlof, and
to take whatever action was necessary to protect
the interests of Mr. Everlof's clients until they
could obtain other counsel. The Virginia State Bar
Disciplinary Board summary suspension order was
entered pursuant to the Rules of the Supreme Court
of Virginia, Part 6, Section IV, Paragraph 13 (C)(5)(b).
A hearing was set at which time Mr. Everlof was
required to show cause why his law license should
not be further suspended or revoked. Continuances
of the hearing date were granted, and Mr. Everlof's
license remained suspended.
December
7, 1999
Thomas
Eldridge Byrum, 2145 Old Greenbrier Road, Chesapeake,
VA 23320-2635.
VSB
Docket No. 97-021-1958
Thomas
Eldridge Byrum petitioned the Virginia State Bar
Disciplinary Board to surrender his license to practice
law in Virginia with disciplinary charges pending
on December 6, 1999. The Board accepted the petition
and revoked his license on December 6, 1999. Summaries
of the charges will be forwarded to the Virginia
Supreme Court.
December
7, 1999*
Luther
Cornelius Edmonds, Suite 604, Little Neck Towers,
3500 Virginia Beach Boulevard, Virginia Beach, Virginia
23452
VSB
Docket No. 00-000-1271
The
Virginia State Bar Disciplinary Board summarily
suspended the law license of Mr. Edmonds by order
dated November 30, 1999. Mr. Edmonds was convicted
by a jury on November 24, 1999 in Alexandria Circuit
Court of unlawful wounding and unlawfully wearing
a mask, both of which are felonies. A hearing will
be set at which Mr. Edmonds will be required to
show cause why his law license should not be further
suspended or revoked. The summary suspension order
was entered pursuant to the Rules of the Supreme
Court of Virginia, Part 6, Section IV, Paragraph
13 (E).
*On
December 13, 1999, the Virginia State Bar Disciplinary
Board granted a general continuance. Mr. Edmonds'
license remains suspended until further order of
the board.
December
2, 1999
Michael
Dana Eberhardt, 429 North Main Street, Suffolk,
Virginia 23434-4424
VSB
Docket No. 98-010-0557
The
First District Committee convened to determine whether
Mr. Eberhardt complied with the terms and conditions
of a Private Reprimand with Terms issued by agreement
on October 8, 1998. The Committee found that Mr.
Eberhardt did not comply with the agreed upon terms
and that his explanations for failing to do so were
not satisfactory. Accordingly, the Committee imposed
the alternate sanction of a Public Reprimand, adopting
the stipulations from the October 8, 1998 disposition.
Specifically, in August of 1995, Mr. Eberhardt accepted
a $2,500 fee to represent a disabled individual
in a divorce. Following a Commissioners hearing
in 1996, Mr. Eberhardt took no further action in
the matter. The client and his sister, both residents
of North Carolina, attempted to contact Mr. Eberhardt
on several occasions, but he did not return their
calls. As a result, the client wrote to the Virginia
State Bar in August of 1997, asking for help. The
Virginia State Bar then wrote to Mr. Eberhardt,
but he did not respond. On December 3, 1997, Mr.
Eberhardt advised a Virginia State Bar investigator
that he was in the process of preparing a detailed
letter to the client advising him of the status
of the case. The client, however, never received
or heard anything further from Mr. Eberhardt, and
had no idea of the status of his case. The Committee
found that Mr. Eberhardt violated DR 6-101(B), (C),
and (D) of the Code of Professional Responsibility,
and issued the Public Reprimand.
November
16, 1999
Paul
M. Lipkin, Esquire, Goldblatt, Lipkin & Cohen, P.C.,
Suite 300, 415 Saint Paul's Boulevard, Norfolk,
Virginia 23510-2410
VSB
Docket No. 97-022-2189
This
matter came before a panel of the Virginia State
Bar Disciplinary Board, which convened on October
20, 1999, to hear a proposed agreed disposition
based on stipulated facts and Disciplinary Rule
violations. The misconduct involved Mr. Lipkin's
actions as Trustee of the Sylvia M. Bayard Marital
Trust. In his capacity as Trustee, Mr. Lipkin made
a series of loans from the trust funds to individuals
or entities to whom he had personal ties, including
companies substantially owned by his son. For a
number of these loans, there was either no collateral
or the collateral was inadequate and many of the
borrowers could not have qualified for conventional
financing to obtain the loans. A number of the borrowers
ultimately defaulted on their loans, and for several
of these loans, the trust records did not show that
Mr. Lipkin had taken reasonable actions to try to
collect the past due loans. Mr. Lipkin had conflicts
of interest as Trustee when he made some of these
loans. The beneficiary of the trust, Ms. Bayard,
had to sue Mr. Lipkin in order to get him to deliver
her trust assets to her. However, Mr. Lipkin thereafter
compensated Ms. Bayard from his own personal funds
(even though he was insured for his acts) for all
losses sustained as a result of his handling of
the trust.
The
agreed disposition, which the Disciplinary Board
accepted, stipulates that the Bar could prove by
clear and convincing evidence that Mr. Lipkin violated
Disciplinary Rules 5-105(B) and (C), 6-101(A) and
(B), 7-101(A)(3), 7-105(A) and 9-102(B)(4).
The
agreed sanction is a three year suspension of the
Respondent's license to practice law, effective
November 19, 1999, if the Respondent complies with
certain terms. The alternate sanction, in the event
that the Respondent does not comply with the terms,
would be revocation of the Respondent's license
to practice law.
November
1, 1999
Carroll
Eugene Smith, 2020 Lafayette Boulevard, Fredericksburg,
VA 22401-2226.
VSB
Docket No. 97-060-1365
On
October 27, 1999, the Disciplinary Board imposed
a Public Reprimand against the Respondent, Carroll
Eugene Smith, after accepting an Agreed Disposition
between Mr. Smith and the Bar. During 1996, Mr.
Smith engaged in a consensual, sexual relationship
with a client, whom he was representing at the time
in a divorce case. The client's divorce proceedings
involved issues of child custody, child support,
spousal support and division of marital property.
Mitigating factors included the fact that the client
was not harmed in her divorce proceedings by her
sexual relationship with Mr. Smith and he handled
her divorce case in an expeditious manner. Moreover,
Mr. Smith had no prior disciplinary record. The
Board found that Mr. Smith had violated Disciplinary
Rules 1-102(A)(3) and 5-101(A).
November
1, 1999
William
Gething Dade, P.O. Box 845, Fredericksburg, VA 22404-0845.
VSB
Docket No. 97-060-2390
On
October 27, 1999, the Disciplinary Board imposed
a Public Reprimand against the Respondent, William
Gething Dade, after accepting an Agreed Disposition
between Mr. Smith and the Bar. Mr. Dade failed to
timely respond to a Request for Admissions submitted
by an adverse party to his client. It was conceded
that the client was ultimately not harmed by Mr.
Dade's failure to file a timely response. Mr. Dade
also failed to file, in a timely manner, a notice
of appeal on behalf of his client, the petition
for appeal and the trial transcript, and failed
to notify opposing counsel of the filing of the
transcript. As a result, the Virginia Supreme Court
dismissed his client's appeal. The Disciplinary
Board found that Mr. Dade had violated Disciplinary
Rules 6-101(A) and (B).
October
25, 1999
Philip
Clyde Sessoms, Jr., Sessoms & Sessoms, P.C., 7841
Painted Daisy Drive, Springfield, VA 22152.
VSB
Docket Nos. 98-060-1803 and 99-060-0719
Philip
Clyde Sessoms, Jr., petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on October 19, 1999. The Board accepted
the petition and revoked his license on October
20, 1999. Summaries of the charges will be forwarded
to the Virginia Supreme Court.
October
18, 1999
Jerome
A. Coyle, III, 2210 Executive Drive, Hampton, VA
23666-2430.
VSB
Docket No. 97-010-2143
Jerome
A. Coyle, III, Esquire, appeared before the Virginia
State Bar Disciplinary Board on October 15, 1999.
Mr. Coyle and the Bar stipulated that Mr. Coyle
had violated DR 1-102(A)(3) and (4) (commission
of a crime or other deliberately wrongful act and
conduct involving dishonesty) and DR 7-102(A)(5)
(making a knowingly false statement). The Board
sanctioned Mr. Coyle by suspending his license for
one (1) year effective October 15, 1999. The suspension
of Mr. Coyle's license was suspended, conditioned
upon completion of the following: (1) Mr. Coyle
was to engage the services of the Virginia State
Bar Lawyers Malpractice Insurance Committee's Risk
Management Program to assess the appropriateness
of his office procedures and file retention policies;
(2) make full restitution to the Commonwealth and
(3) attend six hours of continuing legal education
in ethics.
October
13, 1999
Douglas
Fredericks, 870 North Military Highway, Suite 229,
Norfolk, Virginia 23502-3638
VSB
Docket No. 96-021-0282
A summary of the Agreed Disposition
and Subcommittee Determination (Public Reprimand with Terms) is as follows: between June of
1992 and September 1993, Mr. Fredericks improperly handled monies in conjunction with another
attorney, such monies being trafficked through their trust accounts, and failed to keep
adequate trust account records for the time required, in violation of DR 1-102(A)(3)
and (4) , Dr 9-102(A)(1) and (2), and 9-103(A)(1-4).
October
4, 1999
Robert
Victor Semon, 4 Charlene Court, Yorktown, VA 23692.
VSB
Docket No. 99-060-0960
Robert
Victor Semon petitioned the Virginia State Bar Disciplinary
Board to surrender his license to practice law in
Virginia with disciplinary charges pending on September
29, 1999. The Board accepted the petition and revoked
his license on September 30, 1999. Summaries of
the charges will be forwarded to the Virginia Supreme
Court.
September
29, 1999
Charles
Jefferson McCall, 13709 Harbourwood Road, Midlothian,
Virginia 23112.
VSB
Docket No. 94-033-1883
On
September 8, 1999, the Third District Committee,
Section III, held a show cause hearing in the above-styled
manner to determine whether Mr. McCall had complied
with the terms of a private reprimand, imposed on
February 10, 1998, for Mr. McCall's violation of
DRs 6-101(B), 9-102(B)(3) and 9-103. The committee
found that Mr. McCall has failed to attend to client
matters promptly, to preserve the identity of client
funds and to comport with record keeping requirements
in connection with his duties as court-appointed
guardian for certain wards. Pursuant to the Private
Reprimand with Terms imposed by the committee, no
later than June 1, 1998, Mr. McCall was to obtain
at his own expense a certified public accountant
to review his trust account records, render a written
report to the bar as to whether the records complied
with applicable rules, take any steps necessary
to bring the records into compliance and to file
any outstanding fiduciary accountings. By his own
admission, Mr. McCall failed to comply with the
terms relating to his trust account records. Accordingly,
the district committee imposed the alternate sanction
of a public reprimand on September 17, 1999.
September
29, 1999
Steven
Morton Oser, 79 East Windsor Boulevard, Post Office
Box 656, Windsor, Virginia 23487
VSB
Docket No. 97-010-0279
The
First District Committee convened to determine whether
Mr. Oser violated any of the terms and conditions
of a Private Reprimand with Terms imposed following
a hearing on July 31, 1997. The Committee determined
that Mr. Oser did not comply with the terms within
the time period specified, and his explanations
for failing to do so were not to the satisfaction
of the Committee. Accordingly, the Committee imposed
the alternate sanction of a Public Reprimand, adopting
the findings from the July 31, 1997 hearing. Specifically,
Mr. Oser perfected a criminal appeal on behalf of
a court-appointed client, but failed to file the
Petition for Appeal on time. Accordingly, the appeal
was dismissed at the first tier of appeal. Mr. Oser
requested a rehearing of the decision to dismiss,
but the Court denied it. Mr. Oser, however, did
not inform his client and took no further action
in the matter. The client wrote to him on four occasions
during the following six months, but Mr. Oser never
responded. He did tell the client's mother something
to the effect that the client could seek habeas
corpus relief for a delayed appeal because of Mr.
Oser's mistake, but this was about six months after
the dismissal. Having heard nothing from Mr. Oser,
the client wrote to the Court of Appeals himself
and learned about the dismissal of his appeal for
the first time about six months after the dismissal.
Mr. Oser never furnished his client with copies
of file records he requested. The Committee held
that Mr. Oser violated DR 2-108(C) and DR 6-101(B)
and (C).
September
27, 1999
Ava
Maureen Sawyer, P.O. Box 3602, Reston, VA 20195.
VSB
Docket No. 95-052-1280
On
September 24, 1999, the Virginia State Bar Disciplinary
Board revoked the license of Ava Maureen Sawyer
for multiple violations of the Code of Professional
Responsibility. The Virginia State Bar alleged that
Ava Maureen Sawyer withdrew from her trust account
the sum of $93,823 of client funds and transferred
that amount to her operating account while a dispute
existed concerning her entitlement to that amount.
The state bar further alleged that Ms. Sawyer has
failed to respond to a Rule to Show Cause and as
a result, an a capias was issued for
her arrest and that such a capias has
been outstanding since 1995. Ms. Sawyer admitted
that she transferred client funds from her trust
account while a dispute existed concerning her entitlement
to those funds. Ms. Sawyer claims that she failed
to respond to the Rule to Show Cause because she
did not want to consent to the court's jurisdiction
and that since 1995, she has known about, and has
actively avoided execution of the a capias, which
she considers a void and invalid court order. The
Disciplinary Board concluded Ms. Sawyer violated
Disciplinary Rules 1-102(A)(3) and (4), 2-105(C),
9-102(A)(2) and 9-102(B)(4).
*On
February 6, 2001, the Virginia Supreme Court affirmed
the Disciplinary Board's order revoking Ms. Sawyer's
license to practice law in the Commonwealth.
September
22, 1999
John
Marshall Wright, Jr., P.O. Box K-231, Richmond,
Virginia 23288-0001.
VSB
Docket Nos. 97-031-2312; 98-031-1501; 99-031-0422;
99-031-0809
John
Marshall Wright, Jr., petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending effective September 22, 1999. The Board
accepted the petition and revoked his license on
September 22, 1999. Summaries of the charges will
be forwarded to the Virginia Supreme Court.
September
15, 1999
Eli
S. Chovitz, St. Paul Building, Suite #503, 125 St.
Paul's Boulevard, Norfolk, VA 23510
VSB
Docket #98-021-0768
On
August 12, 1999, the Second District Committee--Section
I held a hearing and found that Eli S. Chovitz violated
DR 1-102(A)(4) by making a material misrepresentation,
DR 6-101(B) by neglecting a client matter, DR 6-101(C
& D) by failing to communicate with his client,
DR 2-108(C) by not continuing to represent his client
until he had properly withdrawn from the representation,
and DR 2-108(D) by failing to take steps to protect
his client's interest. The committee imposed a Public
Reprimand.
September
10, 1999
William
Cloud Hicklin, IV, 9717 Kerry Lane, Richmond, Virginia
23233.
VSB
Docket Nos. 98-090-1527; 99-090-0970; 99-090-0984;
99-090-1621; 99090-2283; 99-090-2566; 99-090-2571;
99-090-2828; 00-090-0015; 00-090-0537
William
Cloud Hicklin, IV, petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on September 9, 1999. The Board accepted
the petition and revoked his license on September
9, 1999. Summaries of the charges will be forwarded
to the Virginia Supreme Court.
September
8, 1999
Sa'ad
El-Amin, El-Amin & Crawford, P.C., 4221 Chamberlayne
Avenue, Richmond, Virginia 23227.
In
the Circuit Court of the City of Richmond (Manchester
Division), Case No. MC4992. VSB Docket Nos. 93-032-2204;
95-032-0957; 95-032-1011; 95-032-1204
On
May 19 and 20, 1998, a three judge panel convened
in the Circuit Court of the City of Richmond, Manchester
Division, suspended Mr. El-Amin's license to practice
law in the Commonwealth of Virginia, after finding
that in the cases presented Mr. El-Amin violated
several disciplinary rules, including committing
a deliberately wrongful act; engaging in conduct
involving fraud, deceit and misrepresentation; failing
to handle and account for client funds in the proper
manner; and failing to attend to client matters
promptly. The suspension was stayed pending Mr.
El-Amin's appeal to the Supreme Court of Virginia.
On April 16, 1999, the Supreme Court of Virginia
affirmed the four year suspension. On July 13, 1999,
the Supreme Court of Virginia denied Mr. El-Amin's
motion to stay issuance of the mandate pending his
appeal to the United States Supreme Court and directed
the three judge panel to set the effective date
of the suspension. On August 30, 1999, the three
judge panel ordered that Mr. El-Amin's four year
suspension shall commence on October 1, 1999, at
5:00 p.m, and that Mr. El-Amin shall provide notice
of the suspension by certified mail to clients,
opposing attorneys and, in pending litigation, to
the presiding judges.
August
27, 1999
Karen
Louise Williams, 10309 Catharpin Road, Spotsylvania,
VA 22553.
VSB
Docket Nos. 97-032-1430; 97-032-2112; 97-032-2113;
97-032-2276; 97-032-2348; 99-032-1166.
Karen
Louise Williams petitioned the Virginia State Bar
Disciplinary Board to surrender her license to practice
law in Virginia with disciplinary charges pending
on August 27, 1999. The board accepted the petition
and revoked her license on August 27, 1999. Summaries
of the charges will be forwarded to the Virginia
Supreme Court.
August
27, 1999
Alan
Edward Koczela, Suite 120, 4040 North Fairfax Drive,
Arlington, VA 22203.
VSB
Docket Nos. 99-051-1441; 99-051-1750; 99-051-1751;
99-051-1752; 99-051-1753; 99-051-1927; 99-051-2568;
99-051-2644; 99-051-2747; 99-051-2809; 00-051-0049
and 00-051-0069.
The
Virginia State Bar Disciplinary Board revoked the
license of Alan Edward Koczela of Arlington, Virginia,
for multiple violations of the Code of Professional
Responsibility. The Disciplinary Board found Mr.
Koczela engaged in deliberate wrongful acts including
conversion of client funds, abandonment of clients,
and a failure to maintain a required trust account.
The Disciplinary Board concluded Mr. Koczela's acts
and omissions resulted in violations of DR 1-102(A)(3)
and (4); DR 6-101 (B) and (C); DR 7-101(A); DR 9-102(A)
and (B); and DR 9-103(A) and (B).
August
11, 1999
John
Thomas Phillips, II, P.O. Box 713, Leesburg, VA
22075-0713.
VSB
Docket No. 96-022-2296
John
Thomas Phillips, II, petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on August 10, 1999. The Board accepted the
petition and revoked his license on August 11, 1999.
Summaries of the charges will be forwarded to the
Virginia Supreme Court.
August
9, 1999
Alan
Edward Koczela, Suite 120, 4040 North Fairfax Drive,
Arlington, VA 22203
VSB
Docket Nos. 99-051-1441; 99-051-1750; 99-051-1751;
99-051-1752; 99-051-1753; 99-051-1927; 99-051-2568;
99-051-2644; 99-051-2747; 99-051-2809; 00-051-0049
and 00-051-0069
On
August 6, 1999, the Virginia State Bar Disciplinary
Board summarily suspended Alan E. Koczela's license
to practice law based upon a petition showing that
Mr. Koczela has engaged in a pattern of deceit and
theft, neglect and abandonment of client matters,
failure to communicate with clients and failure
to follow proper record keeping procedures, such
that Mr. Koczela's continued practice of law would
pose an imminent danger to the public. Mr. Koczela
stopped making disbursements to clients' creditors
even though the clients had forwarded money to Mr.
Koczela for that purpose. After the bar initiated
an investigation, Mr. Koczela disappeared, along
with many client files. The summary suspension will
remain in effect until a final order is entered
with regard to the alleged disciplinary rule violations,
which include Disciplinary Rules 1-101(A)(3) and
(4), 6-101(B) and (C), 7-101(A), and 9-102 and 103.
August
3, 1999
David
Thomas Steckler, 1301 Princess Anne Street, Fredericksburg,
VA 22401.
VSB
Docket No. 97-060-2490
A
three-judge panel of the Fredericksburg Circuit
Court suspended David Thomas Steckler's license
to practice law, after a hearing in the Stafford
County Circuit Court, for one year effective July
16, 1999. The panel found that Mr. Steckler had
misappropriated escrowed funds in the amount of
$20,000 pursuant to the request of one of the parties
to an escrow agreement, failed to disclose the misappropriation
to the other party to the escrow agreement for approximately
three years and drafted an addendum to a contract
in which he falsely represented that the $20,000
was still being held by him in his trust account.
Mr. Steckler was found to have violated DR's 1-102(A)(3)
and (4), and 7-102(A)(5) and (7).
August
3, 1999
Carolyn
Currie Eaglin, 16005 Partell Court, Bowie, MD 20716-1638.
VSB
Docket No. 99-000-3195
On
July 30, 1999, the Virginia State Bar Disciplinary
Board entered an Order suspending the license of
Carolyn Currie Eaglin to practice law in the Commonwealth
of Virginia and further ordered that she appear
before the Board on August 27, 1999, to Show Cause
why her license should not be further suspended
or revoked. These
Orders were necessitated because effective July
25, 1999, the Court of Appeals of Maryland suspended
Carolyn Currie Eaglin's license to practice law
in the State of Maryland for a period of sixty (60)
days.
July
23, 1999
Janee
Deann Joslin, 1865 Bloomfield Drive, Virginia Beach,
Virginia 23456.
VSB
Docket No. 98-010-0202
This
matter came before a panel of the Virginia State
Bar Disciplinary Board, which convened on July 16,
1999, to hear a proposed agreed disposition based
on stipulated facts and disciplinary rule violations.
The misconduct involved a wrongful sexual relationship
between the respondent and the complainant that
occurred while the respondent was prosecuting a
defendant who allegedly sexually abused the complainant
when she was a minor.
The
agreed disposition, which the Disciplinary Board
accepted, stipulates that the bar could prove by
clear and convincing evidence that the respondents
conduct reflected adversely on her fitness to practice
law and other disciplinary rule violations, including
improper use of confidential information and conflicts
of interest.
The
agreed sanction is a five year suspension of respondents
license to practice law in the Commonwealth of Virginia,
effective August 1, 1999, with four years suspended,
if the respondent complies with certain terms, including
resignation of her position as Assistant Commonwealths
Attorney.
Stephen
Clark Maguigan, 750 Alum Springs Road, P.O. Box
751, Basye, VA 22810-0751.
VSB
Docket Nos. 93-070-1584, 94-070-0249, 94-070-0272,
94-070-1414
Stephen
Clark Maguigan was charged with neglect, failure
to communicate and trust account violations in the
above-styled matters. On November 10, 1994, the
Virginia State Bar Disciplinary Board suspended
Mr. Maguigan from the practice of law in the Commonwealth
of Virginia for a period of three years, with two
years and six months suspended on condition of Mr.
Maguigans compliance with certain terms. The
extensive terms included, but were not limited to,
counseling, continuing legal education and pro bono
service.
On
July 22, 1999, the Disciplinary Board conducted
a hearing on a Motion to Show Cause why the alternative
disposition of a three year suspension should not
be imposed due to Mr. Maguigans failure to
comply with certain terms. Mr. Maguigan did not
appear at the hearing. Evidence of non-compliance
was presented, and the Board imposed the alternate
disposition of a two year and six month suspension
commencing on July 22, 1999.
July
16, 1999
John
Robert Spring, Jr., 44063 Rising Sun Terrace, Ashburn,
VA 20147.
VSB
Docket No. 99-052-0197
John
Robert Spring, Jr., petitioned the Virginia State
Bar Disciplinary Board to surrender his license
to practice law in Virginia with disciplinary charges
pending on July 15, 1999. The board accepted the
petition and revoked his license on July 15, 1999.
Summaries of the charges will be forwarded to the
Virginia Supreme Court.
July
14, 1999
Lawrence
Raymond Morton, 12720 Directors Loop, Woodbridge,
VA 22192
VSB
Docket No. 95-053-1488
On
November 20, 1995, Lawrence Raymond Morton entered
into an agreed disposition imposing a Private Reprimand
with Terms, with an alternate sanction of a Public
Reprimand if Mr. Morton failed to comply with the
terms of the agreed disposition. The original agreed
disposition found that Mr. Morton violated DR 6-101(B)
and (C) and DR 7-101(A) when he failed to appear
on a client's behalf at a worker's compensation
hearing, and failed to return the client's telephone
calls regarding the matter. The client successfully
represented himself at the hearing. On June 22,
1999, the Fifth District Committee, Panel III, determined
that Mr. Morton had failed to comply with the terms
of the agreed disposition and imposed the alternative
disposition of a Public Reprimand.
July
12, 1999
Garland
Stuart Spangler, 101 North Main Street, P.O. Drawer
D, Pearisburg, Virginia 24134-0703
VSB
Docket #98-101-0193
The
matter of Garland Stuart Spangler, VSB Docket No.
98-101-0193, came before a Three-Judge panel on
a joint motion of the Bar and the Respondent requesting
the panel accept an Agreed Disposition setting forth
Stipulations of Fact, related Disciplinary Rules
and a Proposed Disposition. After hearing statements
of counsel, the Three-Judge panel deliberated and
decided to accept the Agreed Disposition, finding
that the facts supported violations of DR 6-101(A),
7-109(B) and 9-101(B) in that Respondent failed
to act with competence and thoroughness of preparation
in several instances, communicated with a Judge
without copying that written communication to opposing
counsel and accepted employment in a private matter
in which he had substantial responsibility as a
public employee. The Three-Judge panel imposed a
Public Reprimand upon Respondent. An order reflecting
the panel's ruling will be circulated for signature
among counsel and the Court.
Disciplinary
Actions January 22, 1999 - June 1999