839 S.E.2d 145
W. Va.2020Background
- ODC filed an extraordinary petition under RLDP 3.27 to immediately suspend E. Lavoyd Morgan, Jr., pending resolution of a 22‑count Statement of Charges (Investigative Panel found probable cause for 134 violations).
- Allegations include repeated failures to communicate and to pursue client matters, dishonesty, and multiple instances of mishandling or misappropriating client funds; a client trust account statement showed negative balances as early as July 2017.
- ODC submitted the Statement of Charges and a trust‑account bank statement; respondent submitted an Answer, a sworn statement excerpt, an affidavit from a former office manager, and a police report alleging employee embezzlement.
- Respondent defended largely by blaming a dishonest paralegal and his own medical incapacitation, and offered partial repayments in some matters; he denied ethical violations overall.
- The Court focused on largely uncontested financial irregularities (examples: $8,000 retainer with admitted $6,000 refund owed but not held in trust; settlement proceeds that produced a negative trust balance; delayed client distributions) and concluded the ODC made an initial showing of misappropriation and substantial risk to the public.
- Holding: Court granted immediate interim suspension, ordered the Hearing Panel Subcommittee to file its final report within 60 days, and directed the Chief Judge of Greenbrier County to appoint a trustee for respondent’s practice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RLDP 3.27’s two‑part test is satisfied | ODC: respondent violated RPC and poses substantial threat of irreparable harm | Morgan: denies violations; blames paralegal and medical issues | Court: initial showing met; interim suspension granted |
| Whether evidence shows misappropriation of client funds | ODC: bank records, client complaints, and respondent admissions show funds diverted/not held in trust | Morgan: paralegal embezzled; some records missing; intends partial repayment | Court: misappropriation sufficiently demonstrated; paralegal defense not exculpatory |
| Whether extraordinary relief (suspension + trustee) is warranted | ODC: pattern, number, and severity of complaints plus negative trust balances justify protection of public and trustee appointment | Morgan: argued against immediate suspension; sought hearing | Court: extraordinary relief warranted; trustee to be appointed to protect clients |
| Whether proceedings should be expedited | ODC: after interim suspension, charges must be resolved quickly to protect respondents’ rights and public | Morgan: requested hearing but did not dispute need for reasonable time | Court: ordered final report within 60 days (shorter than statutory 90 days given prior proceedings) |
Key Cases Cited
- Committee on Legal Ethics v. Ikner, 190 W.Va. 433, 438 S.E.2d 613 (W. Va. 1993) (Court may suspend license where RPC violation + substantial threat of irreparable harm).
- Office of Disciplinary Counsel v. Battistelli, 193 W.Va. 629, 457 S.E.2d 652 (W. Va. 1995) (RLDP 3.27 used only in extreme cases; Court may suspend and require expedited resolution).
- Office of Disciplinary Counsel v. Albers, 214 W.Va. 11, 585 S.E.2d 11 (W. Va. 2003) (summarizes RLDP 3.27 temporary‑suspension mechanics).
- Lawyer Disciplinary Board v. Kupec, 202 W.Va. 556, 505 S.E.2d 619 (W. Va. 1998) (misappropriation of client trust funds is serious and often warrants disbarment).
- Committee on Legal Ethics v. Hess, 186 W.Va. 514, 413 S.E.2d 169 (W. Va. 1991) (conversion/misappropriation reflects dishonesty incompatible with practice of law).
- Office of Disciplinary Counsel v. Duffy, 237 W.Va. 295, 787 S.E.2d 566 (W. Va. 2016) (standard for evaluating sufficiency of ODC’s initial showing under RLDP 3.27).
- Committee on Legal Ethics v. Walker, 178 W.Va. 150, 358 S.E.2d 234 (W. Va. 1987) (lawyer discipline aims to protect public confidence and integrity of the profession).