Office of Lawyer Disciplinary Counsel v. Nichols

570 S.E.2d 577, 212 W. Va. 318, 2002 W. Va. LEXIS 161
CourtWest Virginia Supreme Court
DecidedOctober 11, 2002
DocketNo. 30690
StatusPublished
Cited by3 cases

This text of 570 S.E.2d 577 (Office of Lawyer Disciplinary Counsel v. Nichols) 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
Office of Lawyer Disciplinary Counsel v. Nichols, 570 S.E.2d 577, 212 W. Va. 318, 2002 W. Va. LEXIS 161 (W. Va. 2002).

Opinion

PER CURIAM:

The petitioner, the Office of Lawyer Disciplinary Counsel (hereinafter referred to as the “OLDC”), seeks this Court’s temporary [319]*319suspension of the law license of the respondent, Glenn M. Nichols (hereinafter referred to as “Mr. Nichols”), pending the outcome of ongoing disciplinary proceedings against Mr. Nichols.1 OLDC has also requested that this Court appoint an attorney to act as trustee to protect the interests of Mr. Nichols’ clients.2 After reviewing the record in this matter, the Court opines that if the pending charges against Mr. Nichols are ultimately proven, they will clearly establish that he has engaged in a continuing pattern of inappropriate conduct warranting serious sanctions. Thus, this Court hereby temporarily suspends Mr. Nichols’ law license pending the outcome of the ongoing disciplinary proceedings against him. We further rule that the previously entered order by Chief Judge Stueky, appointing an attorney to oversee the affairs of Mr. Nichols’ clients, remain in full force pending the outcome of the disciplinary proceedings.

I.

FACTUAL HISTORY

The second ethical complaint filed against Mr. Nichols was made by his former client, Arthur Cole. In 1997, Mr. Cole retained Mr. Nichols to represent him in matters pertaining to real property, including the filing of a lawsuit. During the course of the representation, Mr. Cole paid Mr. Nichols $7,250.00 in attorney’s fees. He also gave Mr. Nichols $3,500.00 to pay a land surveyor. Mr. Nichols did not provide the legal services he was retained to perform, nor did he file the lawsuit. Nevertheless, Mr. Nichols repeatedly misrepresented to Mr. Cole that a suit had been filed. Additionally, Mr. Nichols failed to pay the land surveyor. In June, 2000, Mr. Cole first learned that Mr. Nichols had neither filed the lawsuit nor paid the land surveyor. On October 1, 2000, Mr. Cole filed an ethical complaint against Mr. Nichols with the OLDC.4

Apart from these two initial complaints pending against Mr. Nichols, the OLDC has received additional ethical complaints by other former clients of Mr. Nichols. On April 11, 2002, an ethical complaint was filed against Mr. Nichols by Linda Byrd, which is currently under investigation by the OLDC. Ms. Byrd alleged that she retained Mr. Nichols to represent her in an employment matter. According to Ms. Byrd, Mr. Nichols was given $5,000.00 as a retainer fee. Ms. Byrd has charged Mr. Nichols with failing to provide her information regarding her case; lying to her regarding interviewing a witness; and failing to provide an accounting of how the retainer fee was used.

[320]*320Another complaint was filed by Henry Jeffrey on April 16, 2002, who complains that Mr. Nichols was retained to file an uncontested petition for adoption. Mr. Nichols failed to file the petition. He repeatedly lied to Mi*. Jeffrey that the matter was progressing in the courts.

Additionally, Mrs. Ernie Clark lodged an ethical complaint against Mr. Nichols on June 26, 2002. Mrs. Clark alleged that she retained Mr. Nichols in the mid~1990’s to collect a debt of $50,000.00 that was owed to her. Over the course of several years, Mr. Nichols informed Mrs. Clark that a lawsuit had been filed in Putnam County to recover the money. However, on or about June 24, 2002, Mrs. Clark learned that no such lawsuit had been filed. On June 27, 2002, Mrs. Clark confronted Mr. Nichols about her discovery, and, during that confrontation, Mr. Nichols informed Mrs. Clark that the lawsuit had been filed in Kanawha County. Mrs. Clark then contacted the Kanawha County Circuit Clerk’s office whereupon she learned that no lawsuit had been filed in Kanawha County.

Lastly, on June 29, 2002, an ethical complaint was filed against Mr. Nichols by Lester Campbell. Mr. Campbell, a resident of Florida, retained Mr. Nichols in November of 2001 to settle the estate of Mr. Campbell’s deceased father. At that time, Mr. Campbell paid a fee of $1,500.00. After Mi'. Campbell retained Mr. Nichols, he returned to Florida believing that the estate would be probated and settled. However, on March 1, 2002, Mr. Campbell received a letter from the Fiduciary Supervisor of the Kanawha County Commission informing him that no paperwork had been filed to settle his father’s estate. A few days after receiving the letter, Mr. Campbell was able to reach Mr. Nichols by telephone. Mr. Nichols informed Mr. Campbell that all necessary paperwork had been filed. However, on June 7, 2002, Mr. Campbell contacted the Fiduciary Supervisor’s office and learned that still no paperwork had been filed regarding his father’s estate.

Consequently, Mr. Campbell returned to West Virginia on June 10, 2002, and filed all necessary papers to settle his father’s estate. It took Mi'. Campbell several days to locate and confront Mr. Nichols. According to Mr. Campbell, Mr. Nichols stated that he had filed all necessary paperwork for the estate and that he would obtain the copies thereof for Mr. Campbell. A few days after this meeting, Mr. Nichols met with Mr. Campbell and confessed that he had forgotten to file the papers. Mr. Campbell then demanded Mr. Nichols refund him the $1,500.00 fee he had paid him. Although, Mr. Nichols wrote a check to Mr. Campbell for this amount, he asked Mr. Campbell to hold the check for four days. Mr. Campbell waited for four days before attempting to cash the check; but there were insufficient funds to cover the check. For two consecutive days, Mr. Campbell attempted to cash the check. Each time the check was refused. Mr. Campbell ultimately returned to Florida.

II.

STANDARD OF REVIEW

LI, 2] The OLDC has invoked Rule 3.27 of the West Virginia Rules of Lawyer Disciplinary Procedure to seek the suspension of Mr. Nichols’ law license.5 This Court has [321]*321recognized that “[t]he special procedures outlined in Rule 3.27 of the West Virginia Rules of Lawyer Disciplinary Procedure should only be utilized in the most extreme eases of lawyer misconduct.” Syl. pt. 1, Office of Disciplinary Counsel v. Battistelli, 193 W.Va. 629, 457 S.E.2d 652 (1995). However, “[i]f the Court, after proceeding in accordance with West Virginia Rule of Lawyer Disciplinary Procedure 3.27(c), concludes that the respondent lawyer should be temporarily suspended, it will so order.” Syl. pt. 3, in part, Battistelli, id.

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Bluebook (online)
570 S.E.2d 577, 212 W. Va. 318, 2002 W. Va. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-disciplinary-counsel-v-nichols-wva-2002.