On The Beach

The West Virginia Supreme Court of Appeals imposed a three-year suspension with credit for time served for ethics violations in two matters.

One count carged misconduct with a court-appointed criminal client

At the respondent’s disciplinary hearing, Ms. Shafer testified that while representing her, the respondent picked her up in his vehicle and took her and her son to get food. After getting food, the respondent then drove to an abandoned school parking lot and parked the car so that they could talk. She stated that the respondent never discussed her case with her but they talked about trips, and he offered to take her on an all-expense paid trip to the beach. She felt the conversation was inappropriate and unprofessional. She stated that he also gave her compliments on her looks. She testified that she was under the impression the respondent was flirting with her and had she reciprocated, she would have been given different legal representation: “I feel like if I would have went along with it, that I would have been represented differently.” Instead, she stated that he would not discuss her case with her despite her case involving several serious felony charges. Further, after Ms. Shafer’s bond was revoked, she was incarcerated for about six weeks before she was re-released when her bond was reinstated. She testified that during this time, the respondent made no attempt to contact her and he never answered her phone calls even though she placed a call to his office every day. She stated that she was able to speak with the respondent on three occasions while she was incarcerated, when another individual called the respondent on her behalf with her on the line as a third party.

He denied flirting with the client but the hearing panel found the misconduct.

Respondent stipulated to neglect of an unrelated matter.

The court rejected Respondent’s attack on the findings.

Sanction

Upon consideration of the facts and circumstances in this case, we agree with the HPS that the public, the legal system, and the profession will be best served by the imposition of the sanctions recommended by the HPS, and accordingly adopt each recommended sanction, including a three-year suspension of the respondent’s law license.

(Mike Frisch)