Back From Vegas

Over a vigorous dissent, the West Virginia Supreme Court of Appeals granted reinstatement to an attorney suspended in 2011.

An incarcerated client had complained about the attorney’s sexual advances toward his spouse

Mr. Cline filed an ethics complaint against Mr. Perry on June 23, 2009. Mr. Perry was not truthful in responding to the allegations in Mr. Cline’s complaint. ODC filed formal charges against Mr. Perry on December 3, 2010 and had to serve Mr. Perry by publication because he moved to Las Vegas, Nevada when he learned of the ethics complaint and “anticipated a bad result.” Mr. Perry did not participate in the proceeding, and the Court suspended his law license indefinitely on December 1, 2011. The Court also required Mr. Perry to pay costs of the disciplinary proceedings, undergo a psychiatric evaluation before petitioning for reinstatement, comply with any suggestions of the evaluator after being reinstated, and have his law practice supervised for two years upon reinstatement.

A 2017 petition had been summarily denied.

Now, while the “transgressions were undoubtedly serious”

But ten years have passed, and Mr. Perry now demonstrates some level of “maturity that was lacking as of the date of his [indefinite suspension]” by accepting responsibility for his actions and seeking self-improvement. HPS found that “[t]he evidence . . . reflects that [Mr. Perry] has demonstrated great remorse for his previous misconduct, has acknowledged the severity of such, and appears to accept full responsibility thereof[,]” and we see no reason to disturb the  finding. The testimony of Mr. Perry’s past employers, evidence of his youth assistance, and clean public record since his suspension also indicate rehabilitation. Most significantly, the ten-year suspension permitted Mr. Perry time to accrue a record of reputable conduct, which he did by maintaining employment and coaching youth sports, among other things. Mr. Perry’s required Continuing Legal Education (CLE) and supervised practice will promote legal competence despite Mr. Perry’s lengthy absence from the profession.

ARMSTEAD, Justice, dissenting:

David D. Perry was rightfully suspended from the practice of law by this Court for serious ethical issues stemming from his prurient pursuit of sexual favors from his jailed client’s wife in exchange for a reduced legal fee. It is difficult to imagine a factual scenario that may do more to undermine public confidence in the integrity of the legal profession in our state. Such conduct was a serious affront not only to Mr. Perry’s client and his then wife, but also cast a shadow on our state’s legal profession as a whole.

The favorable recommendation is “inexplicable”

In addition, the majority recognizes, in Footnote 9 of the memorandum decision, that some Mr. Perry’s statements in the HPS proceedings and his brief “caused skepticism” of HPS’s findings of remorse and responsibility. Mr. Perry’s statements from his brief, as cited by the majority in Footnote 9, certainly do not reflect remorse or acceptance of responsibility by Mr. Perry for his actions. Instead, they appear to cast blame on others, including his client’s now exwife from whom he sought sexual favors.

Based on the egregious conduct in which Mr. Perry has engaged, and the fact that he has not shown appropriate remorse or proven adequate rehabilitation, I believe reinstatement of Mr. Perry to the practice of law does not safeguard public confidence in our legal system. Accordingly, I respectfully dissent from the majority’s opinion in this matter.

(Mike Frisch)