On Friday, January 13, 2023, the Virginia State Bar Disciplinary Board issued an Order publicly reprimanding attorney Robert Overbrey, Jr. over the case of deceit.

The case is entitled “In the matter of Robert Overbrey, Jr.” with case no. 22-053-124308.

The charges cited Virginia Rules of Professional Conduct 8.5, 5.5, (c)(d), 8.4(b)(c) which state:

Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of Virginia, regardless of where the lawyer’s conduct occurs. A lawyer not admitted in Virginia is also subject to the disciplinary authority of Virginia if the lawyer provides, holds himself out as providing, or offers to provide legal services in Virginia. By doing so, such a lawyer consents to the appointment of the Clerk of the Supreme Court of Virginia as his or her agent for purposes of notices of any disciplinary action by the Virginia State Bar. A lawyer may be subject to the same conduct to the disciplinary authority of Virginia and any other jurisdiction where the lawyer is admitted.

A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.

A “Foreign Lawyer” is a person authorized to practice law by the duly constituted and authorized governmental body of any State or Territory of the United States or the District of Columbia, or a foreign nation, but is neither licensed by the Supreme Court of Virginia nor authorized under its rules to practice law generally in the Commonwealth of Virginia, nor disbarred or suspended from practice in any jurisdiction.

A Foreign Lawyer shall inform the client and interested third parties in writing: () that the lawyer is not admitted to practice law in Virginia (1i) the jurisdiction(s) in which the lawyer is licensed to practice; and ii) the lawyer’s office address in a foreign jurisdiction.

It is professional misconduct for a lawyer to commit a criminal or deliberately wrongful act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness to practice law.

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation which reflects adversely on the lawyer’s fitness to practice law.

The Rules of Professional Conduct can be found here.

In the stipulation of facts, the respondent was sued for representing a client in a state where he isn’t admitted. While he is only licensed to practice in the District of Columbia, the respondent knowingly represented a client in the Commonwealth of Virginia.

The filing states:

“While waiting for Robinson to arrive, Respondent filled out an Appearance of Counsel form by printing his name and contact information under the section reserved for counsel. The Respondent did not sign this document and left the line for the attorney’s Virginia State Bar number blank. The respondent approached and told a Fairfax County Assistant Commonwealth’s Attorney that Robinson was running late. The prosecutor asked if the Respondent was an attorney and he said that he was. Respondent did not tell the prosecutor that he was not licensed to practice law in the Commonwealth of Virginia.”

The filing continues:

“On November 16, 2021, Respondent again went to the Fairfax County General District Court to represent Robinson. Robinson arrived on time and brought the blue sheet that he received from the Respondent on October 20, 2021. William H. Miller, (“Complainant”) was the Assistant Commonwealth’s Attorney covering court that day. The respondent approached the Complainant and handed him the blue sheet, which memorialized the agreement the Respondent negotiated with the first prosecutor. The complainant reviewed the sheet, gave it back to the Respondent, and asked the Respondent to sign the document and enter his Virginia State Bar number. Respondent signed the blue sheet, entered his District of Columbia bar number, and told Complainant that he was not licensed to practice law in Virginia. The complainant told Respondent “that’s a problem” and placed the blue sheet on the prosecutors’ table in the courtroom before leaving the courtroom to attend to other cases.”

The filing further states:

“Respondent admitted to the VSB investigator that he advised Robinson to take a driver’s improvement class before going to court. He also admitted that, on October 20, 2021, he told the prosecutor that he was an attorney and that she could have reasonably believed he was acting as Robinson’s attorney. The respondent said that he filled out the Appearance of Counsel form and thought he could represent Robinson and help him “resolve” a minor traffic offense. He said he wanted “to help the kid out” and thought he could quickly get “in and out of the case.”

On January 13, 2023, the matter was heard upon joint request of the parties so the Board can accept the Agreed Disposition signed by the parties. Upon consideration of the Agreed Disposition, Certification, Respondent Disciplinary Record, the parties’ arguments, and the actual deliberations, the Virginia State Bar Disciplinary Board accepts the said Agreed Disposition that the respondent shall receive a Public Reprimand with a term.

As of today, Mr. Overbey is listed as a Customer Advocate at the Department of Veterans Affairs. His bio can be found on Linkedin. He attended George Mason University – Antonin Scalia Law School, graduating in 1997. He practices in Washington, District of Columbia.

A copy of the original filing can be found here.