Practice Pointer: Don’t Buy Drugs From Client Accused Of Selling Drugs

An attorney who had purchased drugs from a client charged with drug offenses drew a reciprocal sanction by the Kentucky Supreme Court in the wake of discipline imposed by the West Virginia Supreme Court of Appeals,

After he withdrew from the drug case and new counsel was appointed

Said appointed counsel reviewed the discovery in the client’s case and viewed surveillance footage from the client’s home. The surveillance footage showed Marcum driving his vehicle (bearing his “House of Delegates” license plate) to the client’s home. The footage then showed the client giving Marcum pills in exchange for money. Also included in the discovery items reviewed by appointed counsel was a ledger used to track individuals who owed the client money for the purchase of drugs. Marcum’s name appeared in this ledger. Ultimately, appointed counsel was able to set aside client’s plea agreement and to negotiate a new, more favorable agreement that avoided incarceration.

A footnote on the license plate

Marcum was a duly elected member of the West Virginia House of Delegates at the time of all events recounted in this Opinion and Order.

West Virginia had also found advertising violations.

He did not participate in these proceedings.

The court imposed a two-year suspension with all but 180 days stayed and probation. (Mike Frisch)