VIRGINIA:

BEFORE THE TIDRD DISTRICT, SECTION III COMMITTEE

OF THE VIRGINIA STATE BAR

IN THE MATTER OF
SUSAN CAROL ARMSTRONG

VSB Docket No. 08-033-072649

SUBCOMMITTEE DETERMINATION
(CERTIFICATION)

On June 30, 2008, a meeting in this matter was held before a duly convened Third

District, Section III Subcommittee consisting of EdwardS. Whitlock, III, Chair, David P. Baugh,

Esquire and Mary P. Hunton, lay person.

Pursuant to Part 6, Section IV, Paragraph 13.G. l .c. of the Rules of the Virginia Supreme

Court, the Third District, Section III Subcommittee of the Virginia State Bar hereby serves upon

the Respondent, Susan Carol Armstrong, the following Certification:

I. FINDINGS OF FACT

1. At all times relevant, Respondent was an attorney licensed to practice law in the

Commonwealth of Virginia.

2. Respondent was admitted to the practice of law in Virginia on May 23, 1979, and

is currently a partner with the law firm of Troutman Sanders, LLP in Richmond, Virginia

3. Rourke A. Henderson was at one time married to Elisabeth Henderson,

Respondent's niece.

4. Elisabeth Henderson retained Respondent to represent her interests in seeking a

divorce from Rourke Henderson.

5. Respondent and Mrs. Henderson did not have a written fee agreement.
 6. On May 31, 2005, Respondent filed a Bill of Complaint for divorce on Elisabeth

Henderson's behalf against Mr. Henderson on the grounds of desertion in the Circuit Court for

the City of Richmond.

7. Mr. Henderson and Mrs. Henderson negotiated a property settlement agreement

through their respective counsel.

8. By order dated August 8, 2006, the Richmond Circuit Court entered an order

affirming and ratifYing the parties' property settlement agreement, and set forth certain amounts

including child and spousal support that Mr. Henderson was to pay Mrs. Henderson.

9. Mr. Henderson failed to make timely payments under the Court's order and was

ultimately in arrears.

10. On July 24, 2007, Respondent appeared before the Richmond Circuit Court

seeking, among other things, to have Mr. Henderson declared in contempt of court for failing to

make payments as set forth in their property settlement agreement.

11. Respondent drafted an order reflecting the Court's rulings on finding Mr.

Henderson in contempt, which the Court subsequently entered on July 27, 2007.

12. A copy of the July 27, 2007 order is attached as Exhibit A.

13. The Court's order stated "[i]n order to purge himself of contempt and be entitled

to be released from jail, [Mr. Henderson] shall pay to plaintiff a total of$107,284.21."

14. Mr. Henderson was subsequently arrested in Florida and detained in prison due to

the contempt order entered by the Richmond Circuit Court.

15. On or about September 5, 2007, Rourke Henderson's brother, Marc Henderson,

wired to Respondent the sum of$112,000.00 for the purposes of purging the contempt under

which Rourke Henderson found himself.

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 16. Notwithstanding requests made by Rourke Henderson's counsel, Respondent

refused to endorse an order of satisfaction or order of release.

17. Respondent stated she would not endorse any order of release until such time as

further conditions and requirements she sought on Mrs. Henderson's behalf were met.

18. None of the further conditions or requirements that she sought as a precondition to

her signing an order of release were contained or identified as conditions in the court's order

which Rourke Henderson had to meet in order to purge himself of contempt.

19. As a result, Marc Henderson wrote to Respondent on September 10, 2007 and

made demand that she return the funds as she would not sign an order of release.

20. Respondent refused to comply with Marc Henderson's demand of September 10,

2007.

21. Respondent thereafter used the demand for the return of the funds as a further

pretext to keep Mr. Henderson incarcerated.

22. At no time after she received the funds from Marc Henderson to purge Rourke

Henderson's contempt did Respondent either return the funds as requested by Marc Henderson or

implead them into the Court.

23. Rourke Henderson's counsel was forced to file a motion seeking entry of an order

of release, which after oral argument the Court entered on September 19, 2007.

24. Respondent's deliberate acts resulted in Rourke Henderson being imprisoned for

contempt of court even though he had purged himself of the contempt pursuant to the Court's

order.

II. NATURE OF MISCONDUCT

Such conduct by Susan Carol Armstrong constitutes misconduct in violation of the

following provisions of. the Rules of Professional Conduct:

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RULE 1.15 Safekeeping Property

(c) A lawyer shall:

(4) promptly pay or deliver to the client or another as requested by such person the
fimds, securities, or other properties in the possession of the lawyer which such
person is entitled to receive.

RULE 3.4 Fairness to Opposing Party And Counsel

A lawyer shall not:

(j) File a suit, initiate criminal charges, assert a position, conduct a defense, delay a trial, or
take other action on behalf of the client when the lawyer knows or when it is obvious that
such action would serve merely to harass or maliciously injure another.

* * * *

RULE 8.4 Misconduct

It is professional misconduct for a lawyer to:

(b) commit a criminal or deliberately wrongful act that reflects adversely on the lawyer's
honesty, trustworthiness or fitness to practice law.

* * * *

lll. CERTIFICATION

Accordingly, it is the decision of the subcommittee to certify the above matters to the

Virginia State Bar Disciplinary Board.

THIRD DISTRICT SECTION IIII SUBCOMMITTEE

OF THE VIRGINIA STA BAR

�/& Edward S. Whitlock, III, Chair

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 CERTIFICATE OF SERVICE

I certifY that on this / �ay of November, 2008, I mailed by Certified Mail, Return
Receipt Requested, a true and correct copy of the foregoing Subcommittee Determination

(Certification) to Susan Carol Armstrong, Esquire, Respondent, [prose,] at Troutman Sanders

LLP, P.O. Box 1122, Richmond, VA 23218-1122, the Respondent's last address of record with

the Virginia State Bar.

Paulo E. Franco, Jr.

Assistant Bar Counsel

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 ·J '· · ·· -")

VI RGINIA:

IN THE CIRCUIT COU RT OF THE CITY OF RICHMOND

ElisabethHenderson, )
)
Plaintiff, )
)
v. ) In Chancery No. 05-918
)
RourkeHenderson )
)
Defendant )

OR DER

. th
On the 24 day of July, 2007, came the plaintiff, Elisabeth Henderson, in

person and by counsel, and the defendant, by counsel, to be heard on plaintiffs Motion to

Hold Defendant in Contempt of Court, to Compel Discovery, to Issue Capias, to Enjoin

the Sale or Transfer of Assets; to Require a Recognizance and to Award Sanctions, and

on the motion of defendant's counsel, The Lewis Law Firm, P.C., for leave to withdraw

as counsel or record.

Upon consideration of the evidence presented, the Court fmds that (i) the

defendant, Rourke Henderson, is in contempt of this Court's August 8, 2006 Order for

willfully failing to pay the child support, medical reimbursements and spousal support set

forth in the parties' April 12, 2006 Agreement and Stipulation that was affirmed, ratified

and incorporated into this Court's order of August 8, 2006 and for failing to appear for

his deposition that was properly noticed for June 20, 2007; (ii) that defendant has failed

to respond to the Requests for Admission; (iii) that defendant has failed to keep plaintiff
 : )
apprised of his current address and telephone number; ( iv) the amount of defendant's

spousal support, child support and medical reimbursement arrearage, and interest thereon

through July 24, 2007, is $100,928.21; and (v) plaintiff has incurred $6,145.00 in

attorney's fees and $211.00 in costs in connection with the present motion. Accordingly,

it is hereby

ORDERED, that the Defendant be remanded to jail until

Ju/¥ �{JfJof, or until such earlier date as defendant is able to purge himself of

contempt by paying all arrearages, attorney's fees and costs·. It is further

ORDERED that the defendant shall pay to the plaintiff the sum of

$6,145.00 in attorney's fees, and $211.00 in costs, and plaintiffs right to pursue

additional attorneys' fees incurred in connection with her attempt to collect the amounts

owed by defendant is hereby reserved. It is further

ORDERED that a capias be issued for defendant's arrest and that an

appropriate Order of Extradition be issued to apprehend and return defendant to this

Commonwealth. It is further

ORDERED that the motion of The Lewis Law Firm, P.C. to withdraw as

counsel of record for defendant is denied, and will not be reconsidered until such time as

defendant provides his current address and phone number to counsel of record and this

Court. It is further

ORDERED that in order to purge himself of contempt and be entitled to

release from jail, defendant shall pay to plaintiff a total of$ /0 7, � &' i ��

2
 ,_) ' )
Pursuant to rule l :13 of the Rules of the Supreme Court of Virginia,

endorsement of counsel for defendant is hereby waived, and defendant's objections to

certain portions of this order, as stated on the record, are duly noted.

The Clerk is hereby directed to issue to counsel for plaintiff a full faith and

credit certified Order upon entry hereof.

ENTER: 7 I ;) 7 I () 1

I ASK FOR THIS:

Susan C. Armstrong (VSB #18770)

Troutman Sanders LLP
1001 Haxall Point (23219)
P. 0. Box 1122
Richmond, VA 23218- l l22
Telephone: (804) 697-1220
Facsimile: (804) 698-5113
Counsel for Plaintiff