Virginia Lawyer Register DISCIPLINARY PROCEEDINGS
Transcription
Virginia Lawyer Register DISCIPLINARY PROCEEDINGS
Virginia Lawyer Register DISCIPLINARY PROCEEDINGS DISCIPLINARY BOARD Respondent’s Name Address of Record Action Effective Date James Pearce Brice Jr. Virginia Beach, VA Suspension—1 year and 1 day June 27, 2014 Kelly Ralston Dennis McLean, VA Revocation September 1, 2014 John F. Kane Norfolk, VA Suspension—6 Months March 29, 2015 James Gordon Kincheloe Jr. Fairfax, VA Revocation August 21, 2014 Neal Orion Reid Suspension—6 Months w/Terms August 29, 2014 Richmond, VA at 5:00 p.m. Duncan Robertson St. Clair III Norfolk, VA Suspension—18 Months w/Terms September 9, 2014 Address of Record Richmond, VA Richmond, VA Action Public Reprimand w/Terms Public Reprimand w/Terms Effective Date August 18, 2014 August 27, 2014 Address of Record Onancock, VA Christiansburg, VA Fairfax, VA Effective Date August 5, 2014 August 15, 2014 July 2, 2014 DISTRICT COMMITTEES Respondent’s Name David Richards DuBose George William Sadler Jr. IMPAIRMENT Respondent’s Name Roger Kent Grillo Henry A. Whitehurst Beverly Gray Stephenson 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) 775-0539 or clerk@vsb.org. VSB docket numbers are provided. DISCIPLINARY BOARD Kelly Ralston Dennis James Pearce Brice Jr. McLean, Virginia 13-051-095075, 14-041-099075 Effective September 1, 2014, the Virginia State Bar Disciplinary Board revoked Kelly Ralston Dennis’s license to practice. In consenting to the revocation, Mr. Dennis acknowledged that the disciplinary charges against him are true and that he could not successfully defend against them. Rules Part 6, § IV, ¶ 13-28 Virginia Beach, Virginia 14-000-099439 On June 27, 2014, the Virginia State Bar Disciplinary Board suspended James Pearce Brice Jr.’s license to practice law for one year and one day for failing to comply with the duties of a suspended lawyer. Part 6, § IV, ¶ 13-29 www.vsb.org/docs/Brice-092514.pdf www.vsb.org/docs/Dennis-092514.pdf 60 VIRGINIA LAWYER | October 2014 | Vol. 63 www.vsb.org Virginia Lawyer Register Disciplinary Summaries DISCIPLINARY BOARD John F. Kane Duncan Robertson St. Clair III Norfolk, Virginia 15-000-099895 Effective March 29, 2015, the Virginia State Bar Disciplinary Board suspended John F. Kane’s license to practice law six months for failing to comply with the duties of a suspended lawyer. Mr. Kane’s license suspension will run consecutively to the suspension that was effective on March 28, 2014. Part 6, § IV, ¶ 13-29 Norfolk, Virginia 13-021-094129, 13-021-094595, 13-021-094637, 13-021095356, 14-021-097215, 14-021-098924 On September 9, 2014, the Virginia State Bar Disciplinary Board suspended Duncan Robertson St. Clair III’s license to practice law for eighteen months, with terms, for violating professional rules that govern competence, diligence, communication, safekeeping property, declining or terminating representation, candor toward the tribunal, impartiality and decorum of the tribunal, responsibilities regarding nonlawyer assistants, and misconduct. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a), 1.4(a)(b)(c), 1.15(a)(1)(2)(3)(i,ii)(b)(4)(5), 1.16(d), 3.3(a)(1), 3.5(e)(1-4), 5.3(c)(1,2), 8.4(b)(c)(d) www.vsb.org/docs/Kane-092514.pdf James Gordon Kincheloe Jr. Fairfax, Virginia 12-051-091587, 15-000-100089 On August 21, 2014, the Virginia State Bar Disciplinary Board revoked James Gordon Kincheloe Jr.’s license to practice law based on his affidavit consenting to revocation and his conviction of a felony. In consenting to the revocation, Mr. Kincheloe acknowledged that the disciplinary charges against him are true and that he could not successfully defend against them. Rules Part 6, § IV, ¶ 13-28 www.vsb.org/docs/Kincheloe-092514.pdf Neal Orion Reid Richmond, Virginia 13-033-093292 Effective August 29, 2014, the Virginia State Bar Disciplinary Board suspended Neal Orion Reid’s license to practice law for six months, with terms, for violating professional rules that govern fees, safekeeping property, and misconduct. RPC 1.5(b)(c), 1.15(a)(1,2), (c)(3), (e)(1) (i-v), (f)(2)(3)(4)(i,ii)(5)(i-iii)(6), 8.4(b) www.vsb.org/docs/Reid-092514.pdf www.vsb.org/docs/StClair-092914.pdf DISTRICT COMMITTEES David Richard DuBose Richmond, Virginia 14-032-099034, 14-032-097904, 14-032-099869, 14-033098816 On August 18, 2014, the Virginia State Bar Third District Subcommittee issued a public reprimand with terms to David Richard DuBose for violating professional rules that govern diligence, communication, and declining or terminating representation. This was an agreed disposition of misconduct charges. RPC 1.3(a), 1.4(a), 1.16(c-e) www.vsb.org/docs/DuBose-092514.pdf George William Sadler Jr. Richmond, Virginia 14-033-096930 On August 27, 2014, the Virginia State Bar Third District Subcommittee issued a public reprimand with terms to George William Sadler Jr. for violating professional rules that govern competence and diligence. This was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a) www.vsb.org/docs/Sadler-092514.pdf www.vsb.org Vol. 63 | October 2014 | VIRGINIA LAWYER 61 Virginia Lawyer Register Notices to Members DEADLINE EXTENDED FOR COMMENTS ON PROPOSED AMENDMENTS TO RULES ON COMPETENCE AND CONFIDENTIALITY The VSB’s Standing Committee on Legal Ethics has extended the deadline for public comment on proposed amendments to Rules 1.1 (Competence) and 1.6 (Confidentiality) of the Virginia Rules of Professional Conduct. Comments are due by November 3, 2014, to the VSB offices or publiccomment@vsb.org. COMMENTS SOUGHT ON AMENDMENT TO RULE REGARDING WHERE TO FILE PETITIONS FOR REINSTATEMENT The Committee on Lawyer Discipline is seeking public comment on proposed amendments to Part Six, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia: Board Proceedings for Reinstatement. Comments are due by October 30, 2014, to the VSB offices or publiccomment@vsb.org. Details: Details: www.vsb.org/docs/prop-1_1-1_6-091814.pdf www.vsb.org/pro-guidelines/index.php/rule_changes/ item/prop_13_25_reinstatement_proceedings COMMENTS SOUGHT ON RULE CONCERNING DISTRICT COMMITTEE MEMBERS’ ADDRESS OF RECORD The Committee on Lawyer Discipline is seeking public comment on proposed amendments to Part Six, Section IV, Paragraph 13-4.C of the Rules of the Supreme Court of Virginia: Regarding Geographic Criteria For District Committee Members. Comments are due by October 30, 2014, to the VSB offices or publiccomment@vsb.org. PRO BONO CONFERENCE AND CELEBRATION The Special Committee on Access to Legal Services will hold its annual Pro Bono Conference and Celebration on October 22 in Portsmouth. Details: www.vsb.org/site/news/item/registration_open_for_ annual_pro_bono_conference_and_celebration Details: www.vsb.org/pro-guidelines/index.php/rule_changes/ item/prop_13_regarding_geographic_criteria COMMENTS SOUGHT ON AMENDMENT TO RULE REQUIRING EX-OFFICIAL COUNCIL MEMBERS TO RESIGN FROM DISTRICT COMMITTEES The Committee on Lawyer Discipline is seeking public comment on proposed amendment to Part Six, Section IV, Paragraph 13-4.E of the Rules of the Supreme Court of Virginia: Establishment of District Committees. Comments are due by October 30, 2014, to the VSB offices or publiccomment@vsb.org. Details: www.vsb.org/pro-guidelines/index.php/rule_changes/ item/prop_13_4e_service_ex-officio 62 VIRGINIA LAWYER | October 2014 | Vol. 63 MANDATORY CONTINUING LEGAL EDUCATION Virginia State Bar members who have been administratively suspended for failure to comply with the Mandatory Continuing Legal Education requirements for 2013 are listed at www.vsb.org/site/members/administrativesuspensions#MCLE. The requirements are described in Part 6, Section IV, Paragraphs 17, 13.2, and 19 of the Rules of the Virginia Supreme Court. The VSB has been unable to contact some of these attorneys. The bar requests that members report the location and practice status of any person on the list by contacting the MCLE Department at (804) 775-0577 or MCLE@vsb.org. The list was current as of September 19, 2014. To determine whether a listed attorney has fulfilled MCLE obligations after that date, contact the MCLE Department. www.vsb.org Virginia Lawyer Register Nominations Sought for 2015–2016 District Committee Vacancies Deadline for Nominations: February 28, 2015 The Standing Committee on Lawyer Discipline calls for nominations for district committee vacancies to be filled by Council in June. Note that there are vacancies which may not become available because some members are eligible for reappointment. To review qualifications for eligibility, see Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-4 – Establishment of District Committees, specifically 13-4.E (Qualifications of Members) and 13-4.F (Persons Ineligible for Appointment). FIRST DISTRICT COMMITTEE: 2 attorney vacancies; 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 1st, 3rd, 5th, 7th or 8th judicial circuits. SECOND DISTRICT COMMITTEE, SECTION I: 2 attorney vacancies (both current members are eligible for reappointment). The vacancies are to be filled by members from the 2nd or 4th judicial circuits. SECOND DISTRICT COMMITTEE, SECTION II: 1 attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 2nd or 4th judicial circuits. THIRD DISTRICT COMMITTEE, SECTION I: 3 attorney vacancies (2 current members are eligible for reappointment). The vacancies are to be filled by members from the 6th, 11th, 12th, 13th or 14th judicial circuits. THIRD DISTRICT COMMITTEE, SECTION II: 2 attorney vacancies (1 current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 6th, 11th, 12th, 13th or 14th judicial circuits. THIRD DISTRICT COMMITTEE, SECTION III: 3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy. The vacancies are to be filled by members from the 6th, 11th, 12th, 13th or 14th judicial circuits. FOURTH DISTRICT COMMITTEE, SECTION I: 2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy. The vacancies are to be filled by members from the 17th or 18th judicial circuits. FOURTH DISTRICT COMMITTEE, SECTION II: 1 attorney vacancy; 1 non-attorney vacancy. The vacancies are to be filled by members from the 17th or 18th judicial circuits. FIFTH DISTRICT COMMITTEE, SECTION I: 3 attorney vacancies (current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 19th or 31st judicial circuits. FIFTH DISTRICT COMMITTEE, SECTION II: 2 attorney vacancies (1 current member is eligible for reappointment). The vacancies are to be filled by members from the 19th or 31st judicial circuits. FIFTH DISTRICT COMMITTEE, SECTION III: 2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 19th or 31st judicial circuits. SIXTH DISTRICT COMMITTEE: 2 attorney vacancies; 1 non-attorney vacancy. The vacancies are to be filled by members from the 9th or 15th judicial circuits. www.vsb.org Vol. 63 | October 2014 | VIRGINIA LAWYER 63 Virginia Lawyer Register SEVENTH DISTRICT COMMITTEE: 1 attorney vacancy (current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 16th, 20th or 26th judicial circuits. EIGHTH DISTRICT COMMITTEE: 4 attorney vacancies (3 current members are eligible for reappointment). The vacancies are to be filled by members from the 23rd or 25th judicial circuits. NINTH DISTRICT COMMITTEE: 4 attorney vacancies (current members are eligible for reappointment). The vacancies are to be filled by members from the 10th, 21st, 22nd or 24th judicial circuits. TENTH DISTRICT COMMITTEE, SECTION I: 2 attorney vacancies (both current members are eligible for reappointment); 2 non-attorney vacancies (1 current member is eligible for reappointment). The vacancies are to be filled by members from the 27th, 28th, 29th or 30th judicial circuits. TENTH DISTRICT COMMITTEE, SECTION II: 3 attorney vacancies (1 current member is eligible for reappointment). The vacancies are to be filled by members from the 27th, 28th, 29th or 30th judicial circuits. Nominations, along with a brief resume, should be sent by February 28, 2015, to Stephanie Blanton, Virginia State Bar, 1111 East Main Street, Suite 700, Richmond, VA 23219-3565 Blanton@vsb.org ELEVENTH ANNUAL INDIGENT CRIMINAL DEFENSE ADVANCED SKILLS FOR THE EXPERIENCED PRACTITIONER SAVE THE DATE FRIDAY, MAY 1, 2015 A DAY-LONG ADVANCED TRIAL SKILLS CLE Registration information and details will be available in early January at http://www.vsb.org/site/events. 64 VIRGINIA LAWYER | October 2014 | Vol. 63 www.vsb.org