Virginia Lawyers Weekly

On June 6, 2008, a three-judge court of the Virginia Beach Circuit Court reinstated a public admonition on Virginia Beach lawyer Clarence J. Ball III for violating a professional rule that governs safekeeping property. According to the VSB, the matter involved Ball’s handling of disputed funds from a law firm partnership. The sanction originally was imposed Dec. 13, 2007, but was stayed pending an appeal by Ball. He withdrew the appeal, and the Supreme Court of Virginia dismissed it April 17, 2008. A second case against Ball was dismissed.

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On Sept. 8, 2008, the Virginia State Bar Disciplinary Board revoked the law license of Dale A. Gipe of Richmond. According to the VSB, Gipe admitted that he failed to pay $31,451.85 in monies owed to a title agency in 27 real estate transactions, that he did not follow VSB accounting requirements, and that he wrote checks to himself from the escrow account that contained the funds.

He also forged a signature in a real estate closing for which he was the responsible closing attorney. Gipe consented to the revocation.

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On Sept. 18, 2008, the Virginia State Bar Disciplinary Board suspended the law license of David C. Dickey of Stanardsville for 13 months with 12 months suspended. The resulting 30-day suspension begins Dec. 15, 2008. The board also suspended Dickey’s registration as a settlement attorney authorized under the Consumer Real Estate Settlement Protection Act for the same time period. According to the VSB, he violated disciplinary rules that govern diligence, communication, declining or terminating representation, and responsibilities regarding nonlawyer assistants and statutes that govern real estate closings. Dickey’s law office performed a residential real estate closing while his license was administratively suspended for his failure to comply with a subpoena duces tecum from the VSB.

This discipline was an agreed disposition of misconduct charges against Dickey.

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On Sept. 19, 2008, the VSB Second District Committee publicly reprimanded Virginia Beach lawyer Robert C. Neeley Jr. for violating disciplinary rules that govern communication and declining or terminating representation. According to the VSB, Neeley delayed responding to a court-appointed client’s request for a copy of his transcripts in a criminal case.

This discipline was an agreed disposition of misconduct charges against Neeley.

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On Sept. 26, 2008, the VSB Disciplinary Board suspended the law license of John F. McGarvey of Richmond for 18 months based on a conviction in the City of Richmond Circuit Court of driving under the influence – third offense. The suspension is effective retroactive to April 24, 2008 — the date that his license was summarily suspended by the board pending a disciplinary hearing.
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On Sept. 26, 2008, the VSB Disciplinary Board revoked the law license of Owaiian M. Jones of Fredericksburg for failure to comply with rules of the Supreme Court of Virginia that require an attorney to notify clients and others when he or she has been suspended. Jones was suspended for 18 months, effective June 27, 2008. After clients reported to the bar that Jones had not notified them and they could not locate him, his practice was placed in receivership by Stafford County Circuit Court on Aug. 4, 2008.

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On Sept. 26, 2008, the VSB Disciplinary Board suspended the law license of Eva Lavonne Stephenson Plum of Craigsville for one year and one day. According to the VSB, Plum was found guilty on June 7, 2008, in Augusta County Circuit Court of eluding police in a vehicle. On Aug. 29, 2008, the board summarily suspended her law license pending the disciplinary hearing.

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On Sept. 26, 2008, the VSB Disciplinary Board imposed a 30-day suspension with terms on Peter C. Sackett of Lynchburg. According to the VSB, the suspension, effective Oct. 6, 2008, resulted from Sackett’s failure to comply with the terms of a public reprimand issued Oct. 12, 2007. He must employ a certified public accountant to bring his accounts into compliance with the Rules of Professional Conduct or his license will be suspended for one year. This discipline was an agreed disposition.

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On Sept. 26, 2008, the VSB Disciplinary Board publicly reprimanded Virginia Beach lawyer Jay H. Zimmerman for violating professional rules that govern diligence and safekeeping property. According to the VSB, the misconduct occurred during a real estate settlement.

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