License Annulled

The West Virginia Supreme Court of Appeals annulled the license of an attorney who had no record of prior discipline.

The findings below

In the instant disciplinary proceeding, the [Hearing Panel Subcommittee] concluded that Mr. Scotchel charged excessively high attorney’s fees despite performing little if any substantive work on a variety of legal matters involving the complainant, Mr. Lewis Snow, Sr., including: the sale of Mr. Snow’s sanitation business, certain misdemeanor charges, a workers’ compensation coverage issue, and claims before the Public Service Commission. The HPS also concluded that Mr. Scotchel improperly retained proceeds from the sale of Mr. Snow’s sanitation business in supposed payment for such unreasonable unpaid attorney’s fees and that he failed to provide a requested full accounting of the money to Mr. Snow from the sale of the business. Furthermore, despite being instructed during the course of the disciplinary proceedings below to re-create the time demonstrating his work and fees on his claimed representation for Mr. Snow, Mr. Scotchel failed to provide a detailed accounting to support his claimed fees.

The court

…the HPS properly concluded that there was clear and convincing proof that Mr. Scotchel violated duties owed to his client by charging unreasonable fees, failing to communicate the basis of the fees, failing to have a contingency fee in writing, failing to provide Mr. Snow with his money from the sale of the sanitation business, failing to provide a full accounting as requested by Mr. Snow, and failing to comply with Disciplinary Counsel’s request for itemized billings or accountings.

As to sanction

Mr. Scotchel’s violations in this case are egregious and touch the very essence of the public’s perception of the legal profession. While these are Mr. Scotchel’s first offenses of the Rules of Professional Conduct giving rise to discipline, this is not a case of simple negligence or neglect. We conclude that Mr. Scotchel misappropriated client funds and thereafter attempted to justify such a misappropriation by fabricating his involvement in other matters in which Mr. Snow was involved. The HPS had the opportunity to observe Mr. Scotchel’s testimony and found that much of his testimony lacked credibility. The HPS was also able to hear and observe the testimony of several witnesses which the HPS found to be credible.

(Mike Frisch)