Virginia Lawyer Register

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 www.vsb.org/disciplinary.html or by contacting the Virginia State Bar Clerk’s Office at (804) 775-0539 or clerk@vsb.org. VSB docket numbers are provided.

On May 4, 2021, the Circuit Court for the City of Hampton issued a public admonition with terms to Michael Craig Olson for violating professional rules that govern communication, fees, and conflict of interest: prohibited transactions. This was an agreed disposition of misconduct.

Effective June 25, 2021, the Virginia State Bar Disciplinary Board summarily suspended OlaDipo Akinwunmi AkinDeko’s license to practice law in the Commonwealth of Virginia for six months for failing to comply with Part Six, Section IV, Paragraph 13-29 of the Rules of Court.

Ordered and effective on May 14, 2021, the Virginia State Bar Disciplinary Board suspended Brian Wesley Barger Jr.’s license to practice law in the Commonwealth of Virginia for 90 days with terms for violating the rule that governs meritorious claims and contentions. This was an agreed disposition of misconduct charges.

Effective May 17, 2021, the Virginia State Bar Disciplinary Board suspended Charles John Covati’s license to practice law in the Commonwealth of Virginia for three years and six months for violating professional rules that govern: competence; conflict of interest: general rule; meritorious claims and contentions; candor toward the tribunal; fairness to opposing party and counsel; responsibilities of partners and supervisory lawyers; bar admission and disciplinary matters; misconduct; safekeeping property; diligence; communication; conflict of interest: prohibited transactions; and declining or terminating representation. This was an agreed disposition of misconduct charges.

Effective March 5, 2021, the Tenth District, Section I Subcommittee of the Virginia State Bar issued a public reprimand with terms to Jonathan Preston Fisher for violating professional rules that concern diligence, communication, and safekeeping property. This was an agreed disposition of misconduct charges.

Effective June 22, 2021, the Virginia State Bar Disciplinary Board revoked Daniel Robert Goodwin’s license to practice law based on his affidavit consenting to the revocation. By tendering his consent to revocation at a time when allegations of misconduct are pending, Goodwin acknowledges that the material facts upon which the allegations of misconduct are predicated are true.

Ordered and effective on May 21, 2021, the Virginia State Bar Disciplinary Board revoked Melissa Marie Ogden’s license to practice law in the Commonwealth of Virginia. Ms. Ogden stipulated to the violation of rules that govern communication, truthfulness in statements to others, and misconduct.

VSB Docket Nos. 20-060-117977, 20-060-118002, 20-060- 118536, 20-060-118365 and 20-060-118917

Ordered and effective on April 23, 2021, the Virginia State Bar Disciplinary Board suspended Christopher Matthew Reyes’s license to practice law in the Commonwealth of Virginia for one year with terms. Mr. Reyes stipulated to the violation of rules that govern scope of representation, diligence, communication, declining or terminating representation, and bar admission and disciplinary matters.

Board revoked Billy Joe Seabolt Jr.’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, Mr. Seabolt acknowledges that the material facts upon which the allegations of misconduct are predicated are true.

Effective May 11, 2021, the Seventh District Subcommittee of the Virginia State Bar issued a public reprimand with terms to Susan Leslie Fraser for violating professional rules that govern diligence, communication, and safekeeping property. This was an agreed disposition of misconduct charges.

Subcommittee Section II issued a public reprimand with terms to Philip John Geib for violating professional rules that govern conflict of interest: general rule; fairness to opposing party and counsel; and misconduct. This was an agreed disposition of misconduct charges.

Subcommittee, Section II issued a public reprimand with terms to JeRoyd Wiley Greene III for violating professional rules that govern competence, diligence, communication, safekeeping property, and declining or terminating representation. This was an agreed disposition of misconduct charges.

Subcommittee issued a public reprimand with terms to Britney Hope Maddux for violating professional rules that govern diligence, communication, safekeeping property, and bar admission and disciplinary matters. This was an agreed disposition of misconduct charges.

Effective May 12, 2021, the Virginia State Bar Second District, Section I Subcommittee issued a public reprimand without terms to Kenneth Albert Moreno for violating professional rules that govern diligence and declining or terminating representation. This was an agreed disposition of misconduct charges.

Effective July 1, 2021, the Virginia State Bar Fourth District, Section I Subcommittee issued a public reprimand without terms to Ardra Monique O’Neal for violating Maryland’s professional rules that govern communication; fees; unauthorized practice of law, multijurisdictional practice of law; and misconduct, and Virginia’s professional rules that govern reporting misconduct. This was an agreed disposition of misconduct charges.

The Virginia State Bar Clients’ Protection Fund Board authorized payments totaling $182,280.00 in reimbursement at its May 7, 2021, meeting.

A chart of the amounts paid as a result of this meeting follows. The board delays the release of the final chart, as the awards given to petitioners are subject to a 30-day appeal period.

In the largest award of the meeting, the board approved a payment of $75,000 to the estate of a deceased former client of Cherie Ann Washburn of Lynchburg. The board found that, while acting as power of attorney for an elderly client with dementia, Washburn spent large amounts of the client’s money on items that benefitted Washburn, not the client, including the purchase of a home for Washburn, large charitable contributions to a charity with which Washburn was associated, and investments that listed Washburn as the sole beneficiary upon the client’s death. Although the board found that the loss suffered by the client, and thus her estate, far exceeded $75,000, the approved amount is the maximum that the board can pay to any one petitioner under Clients' Protection Fund Rule V.F.5.

Washburn’s license was revoked1 by consent in March 2019 for misconduct related to this claim. She is currently facing criminal charges and civil lawsuits related to this matter.

The board awarded two payments of $41,875 and $28,000 to two former clients of Michael Anthony Cole of South Boston, who is now deceased. The board found that, in the case of the larger payment, Cole settled a motorcycle injury suit with an insurance company for a client but failed to pay out any of the settlement proceeds to the client. In the second payment, Cole, as trustee, misappropriated funds from a trust. The defalcation was discovered when the beneficiary attempted to dissolve the trust and release the funds only to find that the trust had been depleted by payments that Cole made to himself. The board saw fit to award the petitioner $28,000, the amount that should have been in the account when it was dissolved. Cole’s license to practice law in Virginia was revoked2 in February 2020 prior to his death in June 2020.

The Board awarded payment of $9,000 to a former client of Wayne Richard Hartke of Reston, now deceased, for legal fees the former client paid in a criminal matter. The Board found that Hartke did not perform sufficient legal services to earn the fee that he received, and that Hartke did not inform the client of his license suspension until the day of a court hearing. Hartke’s license was suspended3 for three years effective October 2016 and for an additional five years4 effective October 2019, prior to his death in April 2019.

The board awarded payment to two former clients of George Harold Edwards of Chesterfield. In the first case, resulting in a $8,500 reimbursement for unearned legal fees, the Board found that Edwards represented the client for eight years in litigation involving repairs to the client’s home, but that Edwards failed to move the case forward during that time, leading the court to dismiss the case for inactivity. In the second matter, the Board found that Edwards had performed substantial work on the client’s behalf, but that he had transitioned his VSB membership to disability status in July 2020 and did not complete the case. The board approved $2,000 for unearned legal fees to the client.

Three former clients of Larry Lynn Miller of Charlottesville, now deceased, were awarded $7,105, $5,500, and $1,550, by the board. In the largest of the three awards, the clients paid Miller $7,105 to make mortgage payments on their behalf through their bankruptcy plan. None of the money reached the mortgage lender, exposing the clients to possible foreclosure. In the second case, Miller failed to do any work regarding a real estate matter and a divorce. The client was awarded the full $5,500 he paid for representation. In the last matter involving Miller, the client was paid $1,550 by the board for the retainer fee in a bankruptcy matter for which Miller performed no work. Miller’s license was suspended5 in July 2020 prior to his death in December 2020.

A petitioner was awarded $2,500, representing partial fees paid to Michael Alan Bishop of Meadowview, now deceased, for a divorce proceeding in which the Board found Bishop had performed some services, but had not completed the legal services for which he was hired.

The board awarded a $1,250 payment for unearned attorney’s fees in an immigration matter. The board found that the attorney, Ellis Charles Baggs of Richmond, performed more than insignificant legal services, but not all the services, that the $2,500 fee should have covered, prompting the board to reimburse half of what the petitioner requested. Baggs’ license was revoked6 by consent on March 17, 2020, for neglect of multiple cases in his immigration practice.

The Clients’ Protection Fund was created by the Supreme Court of Virginia in 1976 to compensate 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 $5. 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 or at (804) 775-0572.

Comments Sought on Plan to Raise Cap on Refunds to Clients Harmed by Lawyers to $100,000

The purpose of the amendments is to raise the per-petitioner cap from $75,000 to $100,000 for losses incurred on or after July 1, 2021. The amendments will be presented to Bar Council on October 29, 2021.

Any individual, business, or other entity may file written comments in support of or in opposition to the proposed changes with Vivian R. Byrd, Clients’ Protection Fund Administrator, not later than September 30, 2021. Comments may be submitted by mail to 1111 East Main Street, Suite 700, Richmond, Virginia 23219-0026 or by email to cpf@vsb.org. www.vsb.org/site/news/item/comments_sought_CPF

The Advisory Committee on Rules of Court seeks comments from the Bench and Bar concerning proposed revisions to Part One, Part Five, and Part Five A Rules of Court, which include amendments to accommodate the changed appellate jurisdiction of the Court of Appeals of Virginia.

Comments must be sent before August 10, 2021, to Steven Dalle Mura, Director of Research, Office of the Executive Secretary, Supreme Court of Virginia, 100 North Ninth Street, Richmond, VA 23219.

The Virginia State Bar’s Standing Committee on Legal Ethics is seeking public comment on proposed Legal Ethics Opinion 1896 and proposed amendments to Rule 1.2 of the Rules of Professional Conduct.

The proposed opinion may be inspected at the below link, or by contacting the Office of Ethics Counsel at (804) 775- 0557. Any individual, business, or other entity may file or submit written comments in support of or in opposition to the proposed opinion with Karen A. Gould, executive director of the Virginia State Bar, not later than August 30, 2021. Comments may be submitted via email to publiccomment@vsb.org. www.vsb.org/site/news/item/two_leos_one_rule_change

Supreme Court of Virginia Seeks Public Comment on Amendments to Canons of Judicial Conduct

On July 1, 2021, the Supreme Court of Virginia requested public comment on the results of its four-year study to amend the Canons of Judicial Conduct. According to the Court, the revised Canons do not “…adopt the 2007 ABA Model Code of Judicial Conduct or retain the structure of the current Canons.” Comments on the proposed amendments to the Rules of Court, Part Six, Section III, Canons of Judicial Conduct, must be received by September 29, 2021, and must be addressed to: www.vsb.org/site/news/item/scv_canons

If you need to reach a staff person, please send an email or call the appropriate contact person. We will provide additional updates on our website. We urge the use of electronic communication to assist us in providing services to protect the public. www.vsb.org/site/news/item/vsb_remains_closed

Some lawyers in the Commonwealth received phony emails from an email ending in vastatebar.org, which is a fake account registered in Arizona that has spoofed the Virginia State Bar in the past.

Lawyers are asked not to interact with this email or click on any links in the email as it may contain malware, spyware, worms, or other damaging cyber security software. www.vsb.org/site/news/item/vsb_impostor

On June 29, 2021, the Court of Appeals of Virginia issued a sixth order extending its February 22, 2021, order until further notice because of the COVID-19 pandemic.

The Court of Appeals of Virginia stated in the Order that as of September 21, 2021, efforts will be made to conduct the Court’s oral argument merit dockets in person, as practicable. Oral argument writ dockets will be held virtually through December 31, 2021. www.vsb.org/site/news/item/CAV_sixth_covid_order

On July 7, 2021, the Supreme Court of Virginia issued a twenty-fifth judicial emergency order in response to the COVID pandemic, extending its existing Order through August 11, 2021.

The Order applies to all circuit and district courts in the Commonwealth and keeps in effect the safety protocols, courthouse admission screenings, tolling of speedy trial act deadlines, and electronic signature provisions of its prior orders. www.vsb.org/site/news/item/SCV_twenty_fifth_covid