Opinion

Lawyer Disciplinary Board v. Brown

  • 223 W. Va. 554
  • 678 S.E.2d 60
  • 2009 W. Va. LEXIS 45
Court
West Virginia Supreme Court
Filed
May 6, 2009
Status
Published
Author
Ketchum
On the bench
Ketchum
Cited by
13 cases

conversion of settlement funds to purchase cocaine instead of paying subrogation claims of his client’s insurers

How later courts described this case

  • conversion of settlement funds to purchase cocaine instead of paying subrogation claims of his client’s insurers
  • lawyer used settlement monies intended for subrogation claims for own use

Written by the judges who cited it.

The opinion

*562 KETCHUM, J.,

dissenting:

Sometimes we need to mix a little mercy with justice.

This lawyer misappropriated his client’s funds to support his drug problem. He has since sought treatment and has straightened up his life. An indefinite suspension with the right to petition the Court for reinstatement in three years provides plenty of protection to the public.

I respectfully feel that annulling this lawyer’s license is not an appropriate sanction under the circumstances. The Hearing Panel Subcommittee of the Lawyer Disciplinary Board heard the evidence, considered the demeanor of the witnesses and of Mr. Brown, and made a careful, measured recommendation. I am not persuaded by the majority opinion’s reasoning that the recommendations of the Board should be so lightly dismissed.

I therefore dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.