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 [email protected]. 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 [email protected].
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
[email protected].
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 [email protected].
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
[email protected].
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 [email protected]. 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
[email protected]
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