Committee on Legal Ethics of the West Virginia State Bar v. Karl

449 S.E.2d 277, 192 W. Va. 23, 1994 W. Va. LEXIS 136
CourtWest Virginia Supreme Court
DecidedJuly 20, 1994
Docket22172
StatusPublished
Cited by38 cases

This text of 449 S.E.2d 277 (Committee on Legal Ethics of the West Virginia State Bar v. Karl) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Committee on Legal Ethics of the West Virginia State Bar v. Karl, 449 S.E.2d 277, 192 W. Va. 23, 1994 W. Va. LEXIS 136 (W. Va. 1994).

Opinions

McHUGH, Justice:

In this disciplinary proceeding, the Committee on Legal Ethics of the West Virginia State Bar (hereinafter “the Committee”) recommends that this Court suspend the law license of the respondent, Mark A. Karl, a member of the Bar sitting as a Circuit Judge in the Second Judicial Circuit since January, 1993, for a period of six months and assess the costs of the proceeding against the respondent. This recommendation is based upon the Committee’s finding that the respondent displayed a pattern of neglect of his legal tasks and in communications with his [26]*26clients, their new attorneys and Bar Counsel in three matters: (1) as title counsel for the Marshall County Sewerage District in the Washington Lands Projects; and as lawyer for (2) Thomas A. Drescher and (3) Samuel J. Scott.

This Court’s standard for evaluating recommendations of the Committee regarding the suspension of a lawyer for ethical violations is stated in syllabus point 1 of Committee on Legal Ethics v. Lewis, 156 W.Va. 809, 197 S.E.2d 312 (1973):

In a court proceeding prosecuted by the Committee on Legal Ethics of the West Virginia State Bar for the purpose of having suspended the license of an attorney to practice law for a designated period of time, the burden is on the Committee to prove by full, preponderating and clear evidence the charges contained in the complaint filed on behalf of the Committee.

See also Committee on Legal Ethics v. Keenan, 189 W.Va. 37, 427 S.E.2d 471 (1993); Committee on Legal Ethics v. Charonis, 184 W.Va. 268, 400 S.E.2d 276 (1990).

I

THE WASHINGTON LANDS PROJECT

In 1979, the three-member Board of the Marshall County Sewerage District (hereinafter “the Board”) retained the respondent as title counsel for the Sewerage District on an ongoing basis. In 1987, John L. Blair, Jr., the Chairman of the Board, asked the respondent to prepare easements in the Washington Lands Wastewater Management Project (hereinafter “the Project”). The Project, undertaken by the District, involved the installation of a sewage treatment plant and sewer system in the Washington Lands area of Marshall County, serving approximately 130 residents. The actual construction of the sewer system began in 1987 and was completed in the spring of 1988.

The exact nature of the respondent’s responsibilities is in dispute. Mr. Blair contends that the respondent was expected to draw up, have executed and record easements where sewer pipes crossed private property upon receiving a list of sites where easements were needed from Project engineers. The respondent contends that he was responsible only for recording the easements. He maintains it was the duty of District employees to obtain signatures of the affected landowners and return the easements to the respondent for recording.

The respondent failed to record a single one of the 68 executed easements he received from Project engineers. The respondent also failed to obtain executed easements for 52 sites. In a letter dated October 29, 1988, Mr. Blair requested that the respondent immediately record all easements, noting that the easements should have been recorded several months earlier. The respondent furnished no reply. On January 16, 1989, Mr. Blair again wrote to the respondent, stating that the recording of easements and titles “remain critical and require ... immediate attention” and requesting his response by the next Board meeting of February 8, 1989. Again, the respondent did not reply.

By letter of April 10, 1989, Mr. Blair notified the respondent that he had been discharged. On June 15, 1989, Mr. Blair tried again to contact the respondent, requesting his aid in informing the Board of which easements had not been signed and which ones had been signed and recorded in order to facilitate the work of the respondent’s replacement, Don Barr. The respondent did not reply, so Mr. Blair, by letter of November 8, 1989, demanded that the respondent furnish the information by December 13, 1989, to either Mr. Blair or Mr. Barr. When the respondent again failed to reply, Mr. Blair filed an ethics complaint with the State Bar on February 19, 1990.

When the respondent failed to answer the letters sent to him by the State Bar on February 28,1990 and March 22,1990, seeking a response to the ethics complaint, Bar Counsel caused a subpoena to be issued requiring the respondent to appear at the State Bar Center in Charleston, West Virginia. At his August 29, 1990 appearance, the respondent agreed to return the easements in one week. However, the respondent did not finally deliver the easements to Mr. Barr until November 25, 1990, nearly three months la[27]*27ter, and after repeated inquiries and requests from Mr. Barr.

By letter of December 20, 1991 to the respondent, Mr. Barr made inquiry as to the whereabouts of the 52 missing easements. The respondent did not reply. Mr. Barr thereupon promptly recorded the executed easements and prepared at least 37 easements. Two property owners, who originally had been willing to give the Board the easements free of charge at the beginning of the project, required payment for the easements.

The Committee charges that the respondent’s handling of the District’s legal matters resulted in violations of Rule 1.3 of the West Virginia Rules of Professional Conduct and Disciplinary Rule 6-101(A) of the West Virginia Code of Professional Responsibility,1 Under Rule 1.3 of the West Virginia Rules of Professional Conduct, “[a] lawyer shall act with reasonable diligence and promptness in representing a client.” Disciplinary Rule 6-101(A)(3) of the West Virginia Code of Professional Responsibility provides that a lawyer shall not “[njeglect a legal matter entrusted to him.” This standard has been clarified by case law and more particularly by ABA Comm. on Ethics and Professional Responsibility, Informal Op. 1273 (1973), which states:

Neglect involves indifference and a consistent failure to carry out the obligations which the lawyer has assumed to his client or a conscious disregard for the responsibility owed to the client. The concept of ordinary negligence is different. Neglect usually involves more than a single act or omission. Neglect cannot be found if the acts or omissions complained of were inadvertent or the result of an error of judgment made in good faith.

We find full, clear and preponderating evidence that the respondent’s handling of the Washington Lands Project from 1987 through 1989 constitutes neglect. As “title counsel” for the Project, the respondent’s responsibilities, at the very least, included the recordation of easements before construction for the system began. The respondent did not merely fail to record the easements promptly. He did not merely set aside the executed easements and forget about them. Rather, after twenty-two months of unanswered letters from the Board and complaints and a subpoena issued by Bar Counsel, the respondent finally came forward only to admit that the easements had been misplaced. Such a sustained failure to act in a relatively simple matter, even in the face of disciplinary consequences, constitutes violations of Rule 1.3 of the West Virginia Rules of Professional Conduct and Disciplinary Rule 6-101(A) of the

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Bluebook (online)
449 S.E.2d 277, 192 W. Va. 23, 1994 W. Va. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/committee-on-legal-ethics-of-the-west-virginia-state-bar-v-karl-wva-1994.