Almost Heaven

The West Virginia Supreme Court of Appeals reprimanded an attorney not admitted in the state

A Hearing Panel Subcommittee (“HPS”) of the Lawyer Disciplinary Board has determined that the respondent, Kevin E. McCloskey, a lawyer who is not admitted to the West Virginia Bar, violated the West Virginia Rules of Professional Conduct by engaging in the unauthorized practice of law in this state, committing acts of professional misconduct in this state, and failing to respond to the Office of Disciplinary Counsel’s (“ODC”) requests for information in response to an ethics complaint.

…we adopt the HPS’s findings of fact and conclusions of law. However, exercising our exclusive authority to determine the appropriate sanction in lawyer disciplinary matters, this Court imposes a different sanction than that recommended by the HPS. Our review compels this Court to impose a public reprimand; a five year prohibition on the respondent’s opportunity to apply for admission to practice law in West Virginia, including pro hac vice admission; a five year prohibition on the respondent’s appearance in any court in West Virginia; a requirement that if the respondent should ever seek admission to the West Virginia State Bar, he first obtain twelve hours of continuing legal education in the areas of law office management and/or legal ethics; and a requirement that he pay the costs of these disciplinary proceedings.

The attorney, who is admitted in Pennsylvania, entered an appearance in a West Virginia civil matter and falsely represented that he was admitted in West Virginia.

Justice Benjamin concurred and added that he would refer the case for a criminal investigation and to Pennsylvania disciplinary authorities. (Mike Frisch)