On Friday, February 24, 2023, the District of Columbia Court of Appeals suspended attorney Mark Kellogg on an interim basis. The case is entitled “In the Matter of Mark Kellogg” with case no. 2022-D126.
On November 10, 2022, the Supreme Court of Florida ordered the revocation of attorney Mark Edward Kellogg’s membership in the Florida Bar, without leave to seek readmission amid pending disciplinary charges. The respondent was initially suspended for his misconduct in civil litigation and impeachment of the probated will, which was later on found by the jury as procured by undue influence and fraud in the State of Virginia.
The filing states:
“Specifically, on February 25, 2019, David Harold Williams, a beneficiary named under the Probated Will and a nephew related by marriage to Williams, timely filed a complaint to impeach the Probated Will under Va. Code § 64.2-448. Nell Willis, his first cousin, and Williams’s niece joined him in the suit (David Harold Williams, et al. v. Robert B. Machen, et al., Case No. CL 2019-02656). The complaint alleged Respondent exerted undue influence and was engaged in fraud in connection with the preparation and execution of the Probated Will.”
The filing continues:
“After listening to evidence for four days and deliberating on December 5, the jury returned its verdict on December 6, 2019. The jury found, by the greater weight of the evidence, that none of the writings dated July 31, 2018, were Williams’s Last Will and Testament, and none of the documents were properly executed under Va. Code $ 64.2-403(A) and (C).
The jury further found that the undue influence and fraud included the recording of a false POA in 2018, the false and threatening letter sent on October 15, 2018, and a release that contained falsehoods”
Due to his discipline in the state of Virginia, the respondent requested the Supreme Court of Florida to grant his petition and order that his membership in the Florida Bar be revoked without leave to seek readmission. The court granted the uncontested petition for disciplinary revocation submitted by the respondent.
Following the discipline of the respondent in Virginia and the revocation of his membership in the Florida Bar, the District of Columbia Court of Appeals issued an order on February 24, 2023, suspending the respondent on an interim basis.
Mr. Mark Edward Kellogg attended the University of Florida, graduating in 1972. He practices in Springfield, Virginia. He was licensed in Florida, as well as in Virginia and the District of Columbia. His info can also be found on the website of Becker, Kellog, & Berry, P.C.
A copy of the original filing can be found here.
