Facsimile: (804) 775-0501 TDD: (804) 775-0502
December 6, 1995
PERSONAL AND CONFIDENTIAL
Mr. Ismail Sloane
2420 Atherton Street, Suite 6
Berkeley, CA 94704
RE: In the Matter of Frank Gassaway Davidson, III
VSB Docket No. 95-090-1095
Dear Mr. Sloane:
I am writing to advise that the Subcommittee for the Ninth District Committee voted at its meeting on Monday, December 4, 1995, to dismiss your complaint. The dismissal was based on Council Rule of Disciplinary Procedure IV(B)(2)(b)(iii). This rule requires dismissal when the evidence available could not reasonably be expected to support any allegation of misconduct under a "clear and convincing" evidentiary standard.
The subcommittee understood your complaint to be that Mr. Davidson allegedly filed a false pleading with the court, knowing the facts stated in the pleading were false. The pleading related to a petition and supporting affidavit filed by Mr. Davidson on behalf of his clients, the Roberts, in an effort to obtain custody of Sloane's infant daughter. While you disagree with the facts set forth by Mr. Davidson, this does not mean that the facts set forth therein were false or that Mr. Davidson knowingly made a misrepresentation to the court.
Thank you for the opportunity to review this matter.
Yours very truly,
Michael L. Rigsby
cc: Frank Gassaway Davidson, III, Esquire
G. Edgar Dawson, Chair
Betsy H. Phillips, Secretary
Patricia J. Rios, Clerk of the Disciplinary System
Clyde K. Venable, Investigator