2020-11-21 05:25:10
DISCIPLINARY SUMMARIES
The following are summaries of disciplinary actions for violations of the Virginia Rules of Professional Conduct (RPC) or another of the Supreme Court Rules.
Copies of disciplinary orders are available at the 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.
CIRCUIT COURT
Mary G. Commander Norfolk, VA 23509 18-022-110553
Effective October 5, 2020, a three-judge panel of the Circuit Court for the City of Norfolk issued a public reprimand to Mary G. Commander for violating professional rules that concern conflict of interest; declining or terminating representation; fairness to opposing party and counsel; bar admission and disciplinary matters; and misconduct. This was an agreed disposition of misconduct charges.
RPC 1.7; 1.16; 3.4; 8.1; 8.4 www.vsb.org/docs/Commander-100520.pdf
Jan C. Smith
White Stone, VA 22578 19-060-115989
By Order entered October 22, 2020, a three-judge panel in the Circuit Court of the County of Lancaster suspended Jan C. Smith’s license to practice law in the Commonwealth of Virginia for a period of one year and one day for violating professional rules that govern truthfulness in statements to others and misconduct. This was an agreed disposition of misconduct charges. RPC 4.1(a); 8.4(c) www.vsb.org/docs/Smith-102820.pdf
DISCIPLINARY BOARD
Jeffrey Brian Bailey Richmond, VA 23225 19-032-111221
By Order entered and effective on November 4, 2020, the Virginia State Bar Disciplinary Board suspended Jeffrey Brian Bailey’s license to practice law in the Commonwealth of Virginia for a period of six months for violating professional rules that govern competence, diligence, communication, safekeeping property, declining or terminating representation, and bar admission and disciplinary matters. This was an agreed disposition of misconduct charges.
RPC 1.1; 1.3(a-c); 1.4 (a)(b); 1.15(a)(1),(b)(3,4); 1.16 (a)(1) (3),(d); 8.1(a-d) www.vsb.org/docs/Bailey-110520.pdf
Ronnie Lee Clay
Fincastle, VA 24090 20-080-117080
Effective November 5, 2020, the Virginia State Bar Disciplinary Board issued a public reprimand without terms to Ronnie Lee Clay for violating professional rules that govern scope of representation, diligence, and communication. This was an agreed disposition of misconduct charges.
RPC 1.2(a); 1.3(a); 1.4(b) www.vsb.org/docs/Clay-110620.pdf
Jonathan Christian Dailey
Potomac, Maryland 20854 20-000-118485
Effective October 23, 2020, the Virginia State Bar Disciplinary Board revoked Jonathan Christian Dailey’s license to practice law in the Commonwealth of Virginia. This was a reciprocal revocation, based on his March 18, 2020, disbarment from the practice of law by the Court of Appeals of Maryland.
Rules of Court, Part 6, Section IV, Paragraph 13-24 www.vsb.org/docs/Dailey-110520.pdf
Michael Dana Ephraim
Annandale, VA 22003 19-042-114420
By Order entered October 27, 2020, the Virginia State Bar Disciplinary Board suspended Michael Dana Ephraim’s license to practice law in the Commonwealth of Virginia for a period of 90 days effective November 20, 2020, for violating professional rules that govern competence, safekeeping property, conflict of interest: prohibited transactions, and responsibilities regarding nonlawyer assistants. This was an agreed disposition of misconduct charges.
RPC 1.1; 1.15(a)(1)(b-1, 3)(c-1, 2i,ii, 4)(d-2, 3i-iv, 4); 1.8(f-1); 5.3(a)(b)(c-1,2) www.vsb.org/docs/Ephraim-102720.pdf
Paul Christopher Galanides
Richmond, VA 23218-1998 20-031-118030
Effective September 28, 2020, the Virginia State Bar Disciplinary Board issued a public reprimand with terms to Paul Christopher Galanides for violating professional rules that concern competence, scope of representation, diligence, communication, conflict of interest, declining or terminating representation, and misconduct. This was an agreed disposition of misconduct charges.
RPC 1.1; 1.2(a); 1.3(a)(b); 1.4(a-c); 1.7 (a, 2) (b, 1-4); 1.16(a,1) (d); 8.4(b) www.vsb.org/docs/Galanides-092920.pdf
James McMurray Johnson
Woodbridge, VA 22192 19-060-115650
By Order entered October 16, 2020, the Virginia State Bar Disciplinary Board suspended James McMurray Johnson’s license to practice law in the Commonwealth of Virginia for a period of 90 days effective October 8, 2020, for violating professional rules that govern competence, scope of representation, diligence, communication, conflict of interest, bar admission and disciplinary matters, and misconduct. This was an agreed disposition of misconduct charges.
RPC 1.1; 1.2(a); 1.3(a)(b); 1.4(a)(b); 1.7(a)(2); (b)(2)-(5); 8.1(d); 8.4(c) www.vsb.org/docs/Johnson-101920.pdf
Michael Denis Kmetz, Esq.
Virginia Beach, VA 23467-4547 19-000-116040
By Order entered and effective October 23, 2020, the Virginia State Bar Disciplinary Board suspended Michael Denis Kmetz’s license to practice law in the Commonwealth of Virginia for two years for failure to fulfill terms set in a previous nine-month suspension. Kmetz failed to comply with Part Six, Section IV, Paragraph 13-18.O of the Rules of the Supreme Court of Virginia. Kmetz’s nine-month suspension was for violations of his duties of competence, diligence, communication, and safekeeping property.
RPC 1.1; 1.3(a); 1.4(a); 1.15(a-d) www.vsb.org/docs/Kmetz-102820.pdf
Evelyn Ann Miller
Oakton, VA 22124 19-052-115354; 19-052-115749
Effective October 2, 2020, the Virginia State Bar Disciplinary Board revoked Evelyn Ann Miller’s license to practice law in the Commonwealth of Virginia based on her affidavit consenting to the revocation. By tendering her consent to revocation at a time when allegations of misconduct are pending, Miller acknowledges that the material facts upon which the allegations of misconduct are predicated are true.
Rules of Court, Part 6, Section IV, Paragraph 13-28 www.vsb.org/docs/Miller-100220.pdf
Chung Suk Oh
Falls Church, VA 22043 20-052-116520
By Order entered October 28, 2020, the Virginia State Bar Disciplinary Board suspended Chung Suk Oh’s license to practice law in the Commonwealth of Virginia for a period of 90 days effective October 28, 2020, for violating professional rules that govern competence, diligence, communication, and declining or terminating representation. This was an agreed disposition of misconduct charges.
RPC 1.1; 1.3(a); 1.4 (a); 1.16 (a-1,2,3) www.vsb.org/docs/Oh-102920.pdf
Richard Thomas Robol
Columbus, Ohio 43201 19-021-114994
By Order entered and effective September 25, 2020, the Virginia State Bar Disciplinary Board suspended Richard Thomas Robol’s license to practice law in the Commonwealth of Virginia for four years based on his breaches of the Ohio Rules of Professional Conduct governing candor to the tribunal, fairness to opposing party and counsel, truthfulness in statements to others, and misconduct.
Ohio RPC 3.3(a)(1); 3.3(b); 3.4(a)(c); 4.1(b); 8.4(c)(d) www.vsb.org/docs/Robol-101620.pdf
John B. Russell Jr.
Bon Air, VA 23235 20-000-117794
Effective August 28, 2020, the Virginia State Bar Disciplinary Board suspended John B. Russell Jr.’s license to practice law in the Commonwealth of Virginia for three years for failing to comply with Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia. The three-year suspension begins November 1, 2021, the date his two-year suspension expires.
Rules of Court, Part Six, Section IV, Paragraph 13-29 www.vsb.org/docs/Russell-090820.pdf
Jeffrey Marc Sherman
Manassas, VA 20109 18-041-111137
Effective October 7, 2020, the Virginia State Bar Disciplinary Board revoked Jeffrey Marc Sherman’s license to practice law in the Commonwealth of Virginia based on his affidavit consenting to the revocation. By tendering his consent to revocation at a time when allegations of misconduct are pending, Sherman acknowledges that the material facts upon which the allegations of misconduct are predicated are true.
Rules of Court, Part 6, Section IV, Paragraph 13-28 www.vsb.org/docs/Sherman-100820.pdf
Jon Edward Shields
Manassas, VA 20108 19-053-114105
Effective October 22, 2020, the Virginia State Bar Disciplinary Board revoked Jon Edward Shields’ license to practice law in the Commonwealth of Virginia based on his affidavit consenting to the revocation. By tendering his consent to revocation at a time when allegations of misconduct are pending, Shields acknowledges that the material facts upon which the allegations of misconduct are predicated are true.
Rules of Court, Part 6, Section IV, Paragraph 13-28. www.vsb.org/docs/Shields-102620.pdf
SUSPENSION–FAILURE TO COMPLY WITH SUBPEONA
Barry Ray Taylor
Chesapeake VA 23320 20-022-118980
On October 7, 2020, the Virginia State Bar Disciplinary Board administratively suspended Barry Ray Taylor’s license to practice law for failing to comply with a subpoena duces tecum issued by the Bar. www.vsb.org/docs/Taylor-100820.pdf
SUMMARY SUSPENSION–RECIPROCAL
William Franklin Burton
Chevy Chase, MD 20815 21-000-121116
Effective October 30, 2020, pursuant to Rules of the Supreme Court Part Six, Section IV, Paragraph 13-24, the Virginia State Bar Disciplinary Board summarily suspended William Franklin Burton’s license to practice law in the Commonwealth of Virginia based on his disbarment by the Court of Appeals of Maryland on October 13, 2020. He was ordered to appear before the board on November 20, 2020, to show cause why the same discipline that was imposed in Maryland should not be imposed in Virginia.
Rules of the Supreme Court Part Six, Section IV, Paragraph 13-24 www.vsb.org/docs/Burton-090320.pdf
NOTICES TO LAWYERS
Supreme Court of Virginia Issues Thirteenth Judicial Emergency Order
On November 9, 2020, the Supreme Court of Virginia issued its thirteenth declaration of judicial emergency in response to the COVID-19 pandemic. The unanimous Order applies to all courts of the Commonwealth and extends the time period until December 13, 2020. www.vsb.org/site/news/item/thirteenth_judicial_emergency
Supreme Court of Virginia Amends Rules to Clarify Usage of “Shall”
On Friday, November 13, 2020, the Supreme Court of Virginia amended the Rules of Court known as the Virginia Rules of Evidence to clarify the use of the word “shall” so as to “…implement the mandatory meaning established by the Legislature, and preserve the statutory references in the title of each rule that is derived in whole or in part from the Code of Virginia.” The amendments become effective July 1, 2021. www.vsb.org/site/news/item/scv_usage_of_shall
Comments Sought on Amendments to Paragraph 13 of Rules of Court
The VSB’s Standing Committee on Lawyer Discipline proposes making a number of changes to the Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in Bar proceedings. Comments are due by December 7, 2020. www.vsb.org/site/news/item/comments_sought_amendments_to_paragraph_13
VSB Considers Reducing Clients’ Protection Fund Assessment, Removing Sunset Provision
The VSB is seeking public comment on two proposals regarding the CPF B. The CPF Board unanimously approved both these proposals at its September 25, 2020 meeting. Comments are due by January 8, 2021. www.vsb.org/site/news/item/vsb_cpf_comments
Comments Sought on Changes to the Rules of Court Regarding RESA and Legal Aid Societies
The VSB is seeking comments on proposed additions to the Rules of the Supreme Court of Virginia, Paragraphs 24 & 25, regarding Real Estate Settlement Agents (RESA) Regulations and Legal Aid Societies, respectively. Comments are due by January 8, 2021. www.vsb.org/site/news/item/comments_sought_para_24_25
Comments Sought on Changes to Rules Governing Delinquency Fees
The VSB is seeking VSB Council authorization to petition the Supreme Court of Virginia to reduce delinquency fees associated with some Rules violations governed by Part 6, Section IV, of the Rules of the Supreme Court of Virginia. Comments are due by January 8, 2021. www.vsb.org/site/news/item/comments_delinquency_fees
Join the Disciplinary System
The Standing Committee on Lawyer Discipline seeks active, in-good-standing lawyers and non-lawyers to apply for disciplinary district committee vacancies. Applications in the form of a résumé and short statement of interest are due February 28, 2021. www.vsb.org/site/news/item/first_line_of_defense_2021
The Virginia State Bar Clients’ Protection Fund Board authorized payments totaling $54,075.00 in reimbursement to former clients of five Virginia attorneys at its June 9, 2020 meeting and at its most recent meeting on September 25, 2020. Eight additional payments were authorized and published from the June 9, 2020, meeting in the August 2020 issue of Virginia Lawyer.
In the September meeting’s largest award, Richmond lawyer, Nnika Evangeline White’s former client received $35,365 in reimbursements. For misappropriated funds during a bankruptcy case. White’s license was revoked1 in 2015 for a period of three years for matters related to this case. Furthermore, she was convicted of bankruptcy fraud and sentenced to one year in prison.
Richmond lawyer, Ellis Charles Baggs’ two former clients received $4,500 and $3,210 respectively for his failure to ear his fee for immigration cases. In the first case Baggs’ failed to file a motion to change venue in an immigration removal proceeding after accepting $4,500 in payment. In the second instance Baggs’ was found to have completed some of the work he was hired to do for an application for asylum and motion to change venue of an immigration proceeding but admitted to not completing the case. Half of the fees paid were awarded to the client.
Baggs’ license was revoked2 in March 2020 pursuant to a consent to revocation involving the two aforementioned clients.
Two former clients of Randall Sousa of Fairfax were reimbursed $4,000 and $2,500. In the first case Sousa was hired to represent his client for a misdemeanor DUI charge and was late to three court session causing a continuance each time. He then failed to attend one court date entirely. The client was awarded two-thirds of his payment to Sousa. The second client was awarded half their initial claim after Sousa failed to attend court and complete divorce filings for his client.
Sousa is under a three-year suspension3 effective January 2020, and appeal was dismissed. This follows an earlier interim discipline suspension for failure to comply with a VSB subpoena duces tecum had been effective in November 2019.
Chesterfield attorney, Katina C. Whitfield’s former client was awarded $3,500 for unearned fees in a family law matter. Whitfield failed to represent the client in a custody and child support matter. Whitfield’s license was revoked4 in November 2019 for a compliant to the VSB regarding this matter. Whitfield has an appeal for the revocation pending in the Virginia Supreme Court.
A former client of Eastville lawyer, Paul Granville Watson, IV, was awarded $1,000 for failing to void a default judgement related to a prior damage claim. Watson’s license was suspended in October 2019 prompting her to request her payment refunded, which he failed to do. His license has since been revoked5 in February 2020.
A chart of the amounts paid as a result of the two meetings follows. The board delays the release of the final chart, as the awards given to new petitioners are subject to a 30-day appeal period.
The Clients’ Protection Fund was created by the Supreme Court of Virginia in 1976 to reimburse persons who suffer a quantifiable financial loss because of dishonest conduct by a Virginia lawyer whose law license has been suspended or revoked for disciplinary reasons, or who has died and did not properly maintain client funds. The fund is not taxpayer funded but is supported by Virginia lawyers who pay an annual fee of up to $25. The Supreme Court of Virginia has set the current annual fee at $10 per Virginia lawyer with an active license status. Payments from the Clients’ Protection Fund are discretionary and are not a matter of right.
If you have any questions, you may contact Vivian R. Byrd, administrator to Clients’ Protection Fund by email at (804) 775-0572.
Published by Virginia State Bar. View All Articles.
This page can be found at http://virginialawyer.vsb.org/article/Virginia+Lawyer+Register/3818834/684193/article.html.