The Virginia Supreme Court has upheld a three-year suspension of attorney Phillip Ben-Zion Leiser's law license after he was found to have violated professional conduct rules. The court's decision, issued on July 23, 2026, affects Leiser's ability to practice law in Virginia and underscores the importance of maintaining integrity within the legal profession.
Leiser, who has been a member of the Virginia State Bar since 1997, faced disciplinary actions stemming from his conduct in two separate legal matters involving NAG, Inc. and the Virginia Citizens Defense League (VCDL). The court ruled that his statements in legal filings were not only unprofessional but also damaging to the integrity of the judiciary.
The case began when the Virginia State Bar's Fifth District, Section I Subcommittee investigated Leiser's conduct during his representation of NAG, Inc. in a wage dispute and the VCDL in a defamation lawsuit. In both instances, Leiser made statements that the court found to be false and reckless regarding the qualifications and integrity of judges involved in the cases.
In the NAG matter, Leiser represented the company in a lawsuit for unpaid wages. After the trial court issued a default judgment against NAG for failing to respond to discovery requests, Leiser filed an appeal. In his filings, he accused the Court of Appeals of “intellectual sophistry” and claimed the judges were acting in bad faith. The court dismissed his appeal due to procedural issues, including his failure to notify the trial judge of his appeal.
In the VCDL case, Leiser filed a petition for a writ of mandamus after the circuit court limited his memorandum of law to a five-page maximum. He criticized the judges involved, claiming they were engaging in “chicanery” and “judicial corruption.” The Court of Appeals denied his petition, leading to further accusations from Leiser against the judiciary.
Following these incidents, the Virginia State Bar certified charges against Leiser, alleging violations of Rules of Professional Conduct (RPC) 8.2 and 8.4(b). RPC 8.2 prohibits lawyers from making false statements about judges, while RPC 8.4(b) addresses professional misconduct that reflects adversely on a lawyer's honesty or fitness to practice law.
During the disciplinary hearing, the three-judge circuit court found that Leiser's statements constituted a pattern of behavior that undermined the integrity of the judicial system. The court noted that Leiser's accusations were not only false but made with reckless disregard for their truthfulness. The panel unanimously concluded that Leiser violated both RPC 8.2 and RPC 8.4(b), leading to his suspension.
The court ruled, "Leiser’s repeated making of false and reckless statements impugning the competence and integrity of the judiciary constituted a deliberately wrongful act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness to practice law."
The court also considered Leiser's prior disciplinary history, which included a public reprimand for similar conduct earlier in 2023. This history played a significant role in the court's decision to impose a three-year suspension rather than a lesser penalty.
The ruling emphasizes the importance of ethical conduct among attorneys and serves as a warning to legal practitioners about the consequences of undermining the judicial system through reckless or false statements. The court's decision also reinforces the principle that lawyers must uphold the dignity and integrity of the legal profession.
Looking ahead, Leiser has the option to appeal the ruling to a higher court, including the possibility of seeking review by the U.S. Supreme Court. However, it remains to be seen whether he will pursue this route. As of now, the suspension stands, and Leiser is barred from practicing law in Virginia for the duration of the three years.