A public reprimand with terms was imposed by the Virginia State Bar Disciplinary Board

The day after SB filed for divorce, husband cashed out his 401(k) account. Husband received $97,928.88 after taxes.

Respondent did nothing to discover or address the dissipation of the 401(k) during his representation of SB.

When husband sought discovery

Respondent did not timely respond to the discovery, nor did he respond to husband’s counsel’s attempts to resolve the discovery dispute.

Dissipation

SB believed that husband wasted some of the 401 (k) funds on travel for husband and his girlfriend. In December 2022, and then after a settlement conference in the late spring of 2023, SB requested that Respondent depose husband’s girlfriend.

He issued the subpoena but failed to press it when opposing counsel objected without basis

Notwithstanding that Respondent’s subpoena was timely, he did not move to enforce the subpoena or otherwise raise the issue to the Court or make any effort to obtain the testimony or other evidence to establish waste. Respondent states that he “was iffy on this rule and did not take a hard stance on the issue since I did not want to challenge and be wrong … “