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Disciplinary Board Disciplinary Actions - Virginia State Bar

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<strong>Disciplinary</strong> Procedure V, the Second District Committee,<br />

Section I, of the <strong>Virginia</strong> <strong>State</strong> <strong>Bar</strong> hereby serves upon the<br />

Respondent, Patricia Maria Wright, the following Public<br />

Reprimand.<br />

I. FINDINGS OF FACT<br />

1. At all times material to these allegations, the Respondent,<br />

Patricia Maria Wright, hereinafter “Respondent”, has been<br />

an attorney licensed to practice law in the Commonwealth<br />

of <strong>Virginia</strong>.<br />

2. On or about March 11, 1998, Carolyn S. Cuffee retained<br />

Respondent to draft a petition to terminate a guardianship.<br />

Cuffee had been referred to Respondent by a pre-paid<br />

legal services plan administrator. At that time, Respondent<br />

agreed to accept $100.00 towards her fee. Accordingly,<br />

Cuffee paid Respondent $100 to commence representation<br />

in the matter.<br />

3. In the ensuing two months, Cuffee attempted to contact<br />

Respondent by telephone and left messages of inquiry as<br />

to the status of the petition drafting. At the initial meeting<br />

of Respondent and Cuffee, Respondent had invited Cuffee<br />

to call one week after Cuffee paid her the initial $100 payment.<br />

Neither Respondent nor Respondent’s office<br />

responded to Cuffee by giving her any information about<br />

the status of the matter.<br />

4. Over the two months of representation, Respondent in fact<br />

had not performed any work on the guardianship petition,<br />

although Cuffee had paid Respondent to begin said work.<br />

II. NATURE OF MISCONDUCT<br />

Such conduct on the part of Respondent constitutes misconduct<br />

in violation of the following <strong>Disciplinary</strong> Rules of the<br />

<strong>Virginia</strong> Code of Professional Responsibility:<br />

DR 6-101. Competence and Promptness.<br />

(B) and (C) * * *<br />

III. IMPOSITION OF PUBLIC REPRIMAND<br />

Accordingly, it is the decision of the committee to impose<br />

a Public Reprimand on Respondent, Patricia Maria Wright, and<br />

she is so reprimanded.<br />

Pursuant to <strong>Virginia</strong> Supreme Court Rules of Court Part 6,<br />

Section IV 13(K)(10), the Clerk of the <strong>Disciplinary</strong> System<br />

shall assess costs.<br />

Second District Committee-Section I of<br />

The <strong>Virginia</strong> <strong>State</strong> <strong>Bar</strong><br />

By William Hanes Monroe, Jr.<br />

Chair Presiding<br />

■ ■ ■<br />

District Committees<br />

BEFORE THE THIRD DISTRICT, SECTION III<br />

SUBCOMMITTEE<br />

OF THE VIRGINIA STATE BAR<br />

IN THE MATTER OF<br />

LEARNED DAVIS BARRY<br />

VSB Docket No. 02-033-3307<br />

disciplinary actions<br />

SUBCOMMITTEE DETERMINATION<br />

(PUBLIC REPRIMAND WITH TERMS)<br />

On June 19, 2002, a meeting in this matter was held<br />

b e f o re a duly convened Third District Subcommittee consisting<br />

of <strong>Bar</strong>bara Ann Williams, <strong>Bar</strong> Counsel for the Vi rginia <strong>State</strong><br />

B a r, Craig S. Cooley, Respondent’s counsel, Thomas O.<br />

Bondurant, Jr., Esquire, Andrew J. Gibb, and Cynthia A. S.<br />

Cecil, Esquire, pre s i d i n g .<br />

Pursuant to Part 6, §IV, 13(B)(5)(c)(ii)(d) of the Rules of<br />

the Supreme Court, the Third District Subcommittee of the<br />

<strong>Virginia</strong> <strong>State</strong> <strong>Bar</strong> hereby served upon the Respondent the following<br />

Public Reprimand with Terms:<br />

I. FINDINGS OF FACT<br />

1. The respondent Learned Davis <strong>Bar</strong>ry was admitted to<br />

the practice of law in the Commonwealth of Vi rginia on<br />

May 21, 1974.<br />

2. At all relevant times to this proceeding, Mr. <strong>Bar</strong>ry was an<br />

attorney licensed and in good standing to practice law in<br />

the Commonwealth of <strong>Virginia</strong>.<br />

3. On April 10, 2002, in Henrico County, Vi rginia, Mr. <strong>Bar</strong>ry<br />

e n t e red Tower Books at the Willow Lawn Shopping Center.<br />

4. While Mr. <strong>Bar</strong>ry was in the bookstore, he intentionally<br />

took a book valued at $12.95 and left the store without<br />

paying for it.<br />

5. Mr. <strong>Bar</strong>ry pled guilty to a charge of petit larceny.<br />

6. Upon tender of the plea, the General District Court of the<br />

County of Henrico made no finding and continued the<br />

case for one year, conditioned upon Mr. <strong>Bar</strong>ry’s uniform<br />

good behavior and Mr. <strong>Bar</strong>ry’s immediate, final and irrevocable<br />

resignation of his position as a judge of the Circuit<br />

Court of the City of Richmond.<br />

7. If at the conclusion of the one year period, Mr. <strong>Bar</strong>ry has<br />

complied with the conditions set out above, the<br />

Commonwealth will move the court to nol pro s the warrant.<br />

II. NATURE OF MISCONDUCT<br />

<strong>Bar</strong> Counsel, the respondent, and respondent’s counsel<br />

agree that the above findings of fact gave rise to a finding of<br />

violation of the following Rule of Professional Conduct:<br />

RULE 8.4 Misconduct<br />

(b) * * *<br />

III. PUBLIC REPRIMAND WITH TERMS<br />

Accordingly, it is the decision of the subcommittee to off e r<br />

the Respondent an opportunity to comply with certain terms and<br />

conditions, compliance with which will be a predicate for the<br />

disposition of a Public Reprimand with Te rms of this complaint:<br />

1. Mr. <strong>Bar</strong>ry shall comply fully with the terms of the Plea<br />

Agreement that he entered into on June 19, 2002, in<br />

Commonwealth v. Learned D. <strong>Bar</strong>ry, Case No. GC<br />

02022057 (Henrico Gen. Dist. Ct).<br />

V i r g i n i a L a w y e r R e g i s t e r 3 1

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