Virginia Lawyer Register

Transcription

1 DISCIPLINARY PROCEEDINGS DISCIPLINARY BOARD Respondent s Name Address of Record Action Effective Date Paul Joseph Bohnet Virginia Beach, VA Public Reprimand March 28, 2014 Kiran Moolchand Dewan Lisbon, MD Revocation June 23, 2014 Reuben Voll Greene Richmond, VA Revocation June 27, 2014 Willard Phillip McCrone Monterey, CA Suspension w/terms 1 year June 27, 2014 All but 30 days stayed upon compliance with terms. William Shawn McDaniel Bristol, VA Revocation May 16, 2014 Michael S. Santa Barbara Martinsburg, WV Suspension 1 year April 28, 2014 Suspension 3 Months April 28, 2014 Respondent s Name Address of Record Action Effective Date Carter Benjamin Garrett Bedford, VA Public Reprimand June 30, 2014 Stephen Lynn Hewlett Petersburg, VA Public Reprimand June 24, 2014 William Craig Meyer II Chatham, VA Public Reprimand July 7, 2014 Paul Andrew Murphy Falls Church, VA Public Reprimand w/terms June 30, 2014 Dena M. Roudybush Falls Church, VA Public Reprimand June 30, 2014 James Wicker Traylor Hopewell, VA Public Reprimand May 30, 2014 Michael Alan Ward Fairfax, VA Public Reprimand w/terms May 28, 2014 SUSPENSION FAILURE TO PAY DISCIPLINARY COSTS Respondent s Name Address of Record Effective Date Lifted Eduardo Justo Harrisonburg, VA July 1, 2014 *** William Magruder McKee Norfolk, VA June 25, 2014 *** Douglas Paul Wachholz Reno, NV July 25, 2014 *** 38

2 Disciplinary Summaries The following are summaries of disciplinary actions for violations of the Virginia Rules of Professional Conduct (RPC) (Rules of the Virginia Supreme Court Part 6, II, eff. Jan. 1, 2000) or another of the Supreme Court Rules. Copies of disciplinary orders are available at the Web link provided with each summary or by contacting the Virginia State Bar Clerk s Office at (804) or clerk@vsb.org. VSB docket numbers are provided. DISCIPLINARY BOARD Paul Joseph Bohnet Virginia Beach, Virginia On March 28, 2014, the Virginia State Bar Disciplinary Board issued a public reprimand to Paul Joseph Bohnet for violating professional rules that govern bar admission and disciplinary matters, and misconduct. RPC 8.1(a), 8.4(b) Kiran Moolchand Dewan Lisbon, Maryland On June 23, 2014, the Virginia State Bar Disciplinary Board revoked Kiran Moolchand Dewan s license to practice law based on the revocation of his license in Maryland. In consenting to the revocation, Mr. Dewan admitted that the charges against him are true and that he could not successfully defend against them. Mr. Dewan s license was summarily suspended on June 10, Part 6, IV, and Reuben Voll Greene Richmond, Virginia Effective June 27, 2014, the Virginia State Bar Disciplinary Board revoked Reuben Voll Greene s license to practice law for failing to comply with the duties of a suspended lawyer. Part 6, IV, Willard Phillip McCrone Monterey, California On June 27, 2014, the Virginia State Bar Disciplinary Board suspended Willard Phillip McCrone s license to practice law for one year with terms, with all but thirty days suspended. This was a reciprocal disciplinary action based on misconduct that occurred in California and for which the California Supreme Court disciplined Mr. McCrone. Part 6, IV, William Shawn McDaniel Bristol, Virginia , , , , , On May 16, 2014, the Virginia State Bar Disciplinary Board revoked William Shawn McDaniel s license to practice law for violating professional rules that govern diligence, communication, safekeeping property, declining or terminating representation, bar admission and disciplinary matters, and misconduct. RPC 1.3(a), 1.4(a)(b), 1.15(a) (1)(b)(4)(5)(c)(1)(2)(i,ii)(3)(4)(d)(3)(i-iv), 1.16(d), 8.4(c), 8.5(a)(b)(1-3) Michael Shawn Santa Barbara Martinsburg, West Virginia , Effective April 28, 2014, the Virginia State Bar suspended Michael Shawn Santa Barbara s license to practice law for one year. The board also imposed a three-month suspension to run concurrently. Mr. Santa Barbara s license had been summarily suspended based on his July 9, 2013, suspension by the Supreme Court of Appeals of West Virginia. Rules Part 6, IV, Carter Benjamin Garrett Bedford, Virginia On June 30, 2014, the Virginia State Bar Ninth District Subcommittee issued a public reprimand to Carter Benjamin Garrett for violating professional rules that govern conflict of interest: former client, and communication with persons represented by counsel. This was an agreed disposition of misconduct charges. RPC 1.9(a), Vol. 63 August 2014 VIRGINIA LAWYER 39

3 Disciplinary Summaries Stephen Lynn Hewlett Petersburg, Virginia On June 24, 2014, the Virginia State Bar Third District, Section I, Subcommittee issued a public reprimand to Stephen Lynn Hewlett for violating a professional rule that governs safekeeping property. This was an agreed disposition of misconduct charges. RPC 1.15 (b)(5), (c)(1) (2)(i,ii), (3) William Craig Meyer II Chatham, Virginia , On July 7, 2014, the Virginia State Bar Ninth District Subcommittee issued a public reprimand to William Craig Meyer II for violating professional rules that govern diligence, communication, and disciplinary matters. This was an agreed disposition of misconduct charges. RPC 1.3(a), 1.4(a,b), 8.1(c) Paul Andrew Murphy Falls Church, Virginia , On June 30, 2014, the Virginia State Bar Fifth District Subcommittee, Section III, issued a public reprimand with terms to Paul Andrew Murphy for violating professional rules that govern safekeeping property. This was an agreed disposition of misconduct charges. RPC 1.15(a)(1),(b) (2),(c)(1)(2)(i,ii)(4),(d)(2)(3)(i-iv)(4) Dena M. Roudybush Fairfax, Virginia On June 30, 2014, the Virginia State Bar Fifth District Subcommittee, Section III, issued a public reprimand to Dena M. Roudybush for violating professional rules that govern professional independence of a lawyer and direct contact with potential clients. This was an agreed disposition of misconduct charges. RPC 5.4(a)(3), 7.3(b) (1-4) James Wicker Traylor Hopewell, Virginia On May 30, 2014, the Virginia State Bar Third District -- Section I Subcommittee, issued a public reprimand to James Wicker Traylor for violating professional rules that govern competence, diligence, and communication. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a), 1.4(b) Michael Alan Ward Fairfax, Virginia On May 28, 2014, the Virginia State Bar Fifth District Committee, Section I, issued a public reprimand with terms to Michael Alan Ward for violating professional rules that govern diligence and communication. RPC 1.3(a), 1.4(a)(b) LEGAL ETHICS OPINION 1874 The VSB s Standing Committee on Legal Ethics issued LEO 1874 as final on July 17, 2014: Limited Scope Representation Reviewing Pleadings for Pro Se Litigants Substantial Assistance and Ghostwriting. Details: PRO BONO CONFERENCE AND CELEBRATION Save the date: the Special Committee on Access to Legal Services will hold its annual Pro Bono Conference and Celebration on October 22 in Portsmouth. Details to come. 40

4 NOMINATIONS SOUGHT FOR BOARD AND COMMITTEE VACANCIES Volunteers are needed to serve the Virginia State Bar s boards and committees. The Nominating Committee will refer nominees to the VSB Council for consideration at its October meeting. Vacancies in 2015 are listed below. All appointments or elections will be for the terms specified, beginning on July 1, Council Members at Large 3 lawyer vacancies (of which 2 incumbents are not eligible for reappointment and 1 incumbent is eligible for reappointment to a second term). May serve 2 consecutive 3-year terms. Disciplinary Board 5 lawyer vacancies and 1 lay member vacancy (of which 5 lawyer members are eligible for reappointment to a second 3-year term, and 1 lay member is eligible for reappointment). District committee service is required. May serve 2 consecutive 3-year terms. Mandatory Continuing Legal Education Board 4 lawyer vacancies (of which 1 member is not eligible for reappointment and 3 current members are eligible for reappointment to a second term). May serve 2 consecutive 3-year terms. Nominations, along with a brief résumé, should be sent by September 5, 2014, to Sharon D. Nelson, chair, VSB Nominating Committee, Virginia State Bar, 1111 E. Main St., Suite 700, Richmond, VA , or ed to nominations@vsb.org. CLIENTS PROTECTION FUND BOARD PETITIONS PAID Between July 1, 2013 and June 30, 2014, the Clients Protection Fund Board approved payments to fifty-seven clients. The matters involved twenty-three attorneys. Attorney/Location Amount Paid To Date Type of Case Christopher J. Agresto, Leesburg, VA $50,000 $50,000 Funds obtained by fraud from life insurance policy of petitioner s mother Sara Elizabeth Chase, Henrico, VA $10,000 $14,400 Unearned attorney s fees and damages in a construction litigation matter Sara Elizabeth Chase, Henrico, VA $4,400 Unearned fees/civil matter Denny Pat Dobbins, Portsmouth, VA $1,967 $3,717 Unearned fees/adoption and name change matter Denny Pat Dobbins, Portsmouth, VA $450 Unearned fees/corporate matter Jeanne L. Dove-Taylor, King George, VA $8,250 $8,250 Misappropriated funds from a real estate closing Michael Lawrence Eisner, Ridge, NY $1,500 $74, Unearned fees/ Easement matter Michael Lawrence Eisner, Ridge, NY $1,806 Unearned fees and unused advanced costs in bankruptcy matter Michael Lawrence Eisner, Ridge, NY $3,500 Unearned fees/loan modification and bankruptcy matter Michael Lawrence Eisner, Ridge, NY $1,000 Unearned fees/civil matter Michael Lawrence Eisner, Ridge, NY $2,000 Unearned fees/domestic relations matter Michael Lawrence Eisner, Ridge, NY $1,875 Unearned fees/loan modification matter Michael Lawrence Eisner, Ridge, NY $1,500 Unearned fees/loan modification and bankruptcy matter Michael Lawrence Eisner, Ridge, NY $4,500 Unearned fees/loan modification and bankruptcy matter Michael Lawrence Eisner, Ridge, NY $4,500 Unearned fees/loan modification for several properties Michael Lawrence Eisner, Ridge, NY $ Unearned fees/automobile warranty matter Michael Lawrence Eisner, Ridge, NY $500 Unearned fees/collections matter Michael Lawrence Eisner, Ridge, NY $1,000 Unearned fees/child support matter Michael Lawrence Eisner, Ridge, NY $50,000 Unearned fees/embezzled funds in a bankruptcy matter Michael Lawrence Eisner, Ridge, NY $225 Unearned fees/child custody and support matter Pauline M. Ewald, Ashland, VA $750 $3,250 Unearned fees/criminal matter, post-conviction matter Pauline M. Ewald, Ashland, VA $2,500 Unearned fees/divorce Jerri Lynn Fuller, Alexandria, VA $6, $6, Unearned fees and misappropriation of fees in a federal employment discrimination case (continued on following page) Vol. 63 August 2014 VIRGINIA LAWYER 41

5 CLIENTS PROTECTION FUND BOARD PETITIONS PAID (continued from previous page) Attorney/Location Amount Paid To Date Type of Case Robert Stephen Ganey, Deceased $1,550 $1,550 Unearned fees/criminal matter Olaf F. Gebhart, Jr., Tifton, GA $ $5, Unearned fees/divorce Olaf F. Gebhart, Jr., Tifton, GA $1,500 Failure to use earmarked funds for intended purpose in divorce matter Olaf F. Gebhart, Jr., Tifton, GA $913 Unearned fees/bankruptcy matter Olaf F. Gebhart, Jr., Tifton, GA $1,000 Unearned fees/bankruptcy matter Phillip Stone Griffin, II, Winchester, VA $4, $4, Fees paid for representation in a civil litigation matter John Warren Hart, Virginia Beach, VA $16,000 $109, Misappropriated funds from a decedent s estate Robert David Jacobs, Deceased $500 $9, Unearned fees/criminal matter and CPF matter Robert David Jacobs, Deceased $2,000 Unearned fees/criminal matter and CPF matter Robert David Jacobs, Deceased $1,000 Unearned fees/criminal matter and CPF matter Martin Ray Johnson, Port Charlotte, FL $1,100 $1,100 Embezzlement in a personal injury case Glenn Charles Lewis, Vienna, VA $25,000 $77, Unearned fees/child support and visitation matter Glenn Charles Lewis, Vienna, VA $13,000 Unearned fees/divorce Glenn Charles Lewis, Vienna, VA $39, Unearned fees/divorce Richard L. J. McGarry, Roanoke, VA $3,000 $3,000 Money paid to attorney for litigation expenses that were not used for that purpose Clive Allen O Leary, Fredericksburg, VA $1,000 $5,500 Unearned fee/divorce Keh Soo Park, Fairfax, VA $10,500 $48,250 Unearned fees/immigration matter Marcus N. Perdue, III, Covington, VA $1,900 $10, Unearned fees/bankruptcy matter Marcus N. Perdue, III, Covington, VA $5, Embezzlement in a personal injury case Marcus N. Perdue, III, Covington, VA $1,200 Unearned fees/bankruptcy matter Marcus N. Perdue, III, Covington, VA $1,500 Unearned fees/bankruptcy matter Thomas James Sehler, Reston, VA $5,300 $10,746 Unearned fees/loan modification and bankruptcy matter Thomas James Sehler, Reston, VA $1,799 Unearned fees and unused advanced costs in bankruptcy matter Robert H. Smallenberg, Ashland, VA $4,250 $55,241 Unearned fees/criminal matter Robert H. Smallenberg, Ashland, VA $200 Unearned fees/criminal matter Robert H. Smallenberg, Ashland, VA $1,000 Unearned fees/petition for a pardon Robert H. Smallenberg, Ashland, VA $1,001 Unearned fees/fraud matter Robert H. Smallenberg, Ashland, VA $10,000 Unearned fees/civil matter Harte P. Stafford, Annandale, VA $21,000 $21,000 Unearned fees/immigration matter Marjorie Lancaster Wall, Farmville, VA $1,200 $8,042 Unearned fees/bankruptcy matter Marjorie Lancaster Wall, Farmville, VA $896 Unearned fees/divorce Marjorie Lancaster Wall, Farmville, VA $1,300 Unearned fees/bankruptcy matter Marjorie Lancaster Wall, Farmville, VA $1,000 Unearned fee/corporate matter Marjorie Lancaster Wall, Farmville, VA $896 Unearned fees/divorce Marjorie Lancaster Wall, Farmville, VA $1,350 Unearned fees/divorce Marjorie Lancaster Wall, Farmville, VA $1,400 Unearned fees/bankruptcy matter Bradley Douglas Wein, Tucson, AZ $8,000 $47, Unearned fees/failure to apply advanced costs paid in legal malpractice case Total $353,