Office of Lawyer Disciplinary Counsel v. Nichols

Summary

The Supreme Court of Appeals of West Virginia temporarily suspended Glenn M. Nichols’s law license under West Virginia Rule of Lawyer Disciplinary Procedure 3.27. The court found sufficient unrefuted evidence that Nichols had repeatedly misrepresented the status of clients’ matters and posed a substantial threat of irreparable harm to the public. The court also continued an order appointing a trustee to oversee the interests of Nichols’s clients pending the disciplinary proceedings.

Holdings

1. The unrefuted evidence sufficiently demonstrated, for purposes of the interim proceeding, that Nichols had violated multiple provisions of the Rules of Professional Conduct, including the prohibitions on dishonesty, fraud, deceit, or misrepresentation and the duty to act with reasonable diligence and promptness.
2. Nichols posed a substantial threat of irreparable harm to the public while the underlying disciplinary proceedings were pending, warranting temporary suspension of his law license.
3. The order appointing an attorney to oversee the affairs and protect the interests of Nichols's clients remained in full force pending completion of the disciplinary proceedings.

Questions Presented

1. Whether the record provided sufficient evidence that Nichols had violated the Rules of Professional Conduct.
2. Whether Nichols posed a substantial threat of irreparable harm to the public warranting temporary suspension under West Virginia Rule of Lawyer Disciplinary Procedure 3.27.
3. Whether the previously entered order appointing an attorney to oversee Nichols's clients' affairs should remain in effect pending the disciplinary proceedings.

Disposition

other