On Monday, March 17, 2025, the Supreme Court of California suspended Attorney Joseph Anthony Virgilio from practicing law for one year, with the suspension stayed pending a one-year probation period. Virgilio faces a mandatory 30-day suspension at the start of probation and must meet specific conditions to resume practice.
The case is entitled “In the Matter of Joseph Anthony Virgilio,” with case no. S288742.
The court’s ruling stems from multiple professional misconduct charges detailed in a State Bar Court stipulation filed on December 2, 2024. Virgilio is required to pay $5,000 in restitution, plus 10 percent annual interest from December 15, 2018, to Lionzo Villareal, a former client, or to the Client Security Fund if it has compensated Villareal. Proof of payment must be submitted to the State Bar’s Office of Case Management and Supervision. If Virgilio remains suspended for two years or more due to non-compliance, he must also demonstrate rehabilitation, fitness to practice, and legal knowledge.
Additionally, Virgilio must pay $4,500 in monetary sanctions to the Client Security Fund and cover costs awarded to the State Bar. He is required to pass the Multistate Professional Responsibility Examination and provide proof to the State Bar. Within 30 and 40 days of the court’s order, Virgilio must comply with California Rules of Court, rule 9.20, notifying clients and performing specified acts, with failure risking disbarment or further suspension.
The misconduct involved four client cases. In one, Virgilio filed an invalid federal writ for Villareal in 2018, failed to communicate case developments, and did not refund $5,000 in fees. He also accepted the payment from Villareal’s uncle without written consent.
In another case, Virgilio collected $4,250 from Jordan Springs’ father without consent, failed to monitor a referred writ, and neglected to inform Springs of its filing and denial.
For client John Rodriguez Jr., Virgilio accepted payments totaling $14,650 from Rodriguez’s father without authorization, delayed filing a writ for 18 months, and mislabeled fees as a “true retainer.”
In a fourth case, Virgilio charged Terri McEvilly a $3,500 nonrefundable fee incorrectly designated as a “true retainer.”
Aggravating factors include Virgilio’s prior 2005 public reproval for similar misconduct, 14 acts of wrongdoing across the cases, and the vulnerability of three incarcerated clients. Mitigation was granted for Virgilio’s prefiling stipulation, acknowledging his misconduct.
The court determined a 30-day actual suspension, continuing until restitution is made, aligns with prior case law and protects the public and legal profession.
The Disposition states:
“The court orders that Joseph Anthony Virgilio (Respondent), State Bar Number 139376, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and the Respondent is placed on probation for one year subject to the following conditions.”
According to Avvo.com, Mr. Virgillo is a criminal defense attorney in Woodland Hills, California. He attended the Whittier College School of Law. He acquired his law license in California in 1989.
A copy of the original filing can be found here.
