Lawyer Disciplinary Board v. Lakin, 217 W. Va. 134

Summary

The Supreme Court of Appeals of West Virginia adopted a disciplinary recommendation prohibiting Illinois lawyer L. Thomas Lakin from practicing in West Virginia for twelve months, subject to limited exceptions. The court also imposed restrictions on the Lakin Law Firm based on improper solicitation of West Virginia personal-injury claimants and affirmed the recommendation under its de novo review of legal ethics matters.

Holdings

1. The Court reviews de novo questions of law, the application of law to facts, and appropriate sanctions, while giving substantial deference to factual findings supported by reliable, probative, and substantial evidence.
2. The Supreme Court of Appeals is the final arbiter of legal-ethics problems and independently determines appropriate public reprimands, suspensions, or annulments of attorneys' licenses.
3. The Court adopted the Hearing Panel Subcommittee's recommendation and agreement on sanctions, prohibiting Lakin from practicing law in West Virginia for twelve months subject to limited exceptions and prohibiting Lakin and the Lakin Law Firm from specified solicitation-related conduct.

Questions Presented

1. Whether the Supreme Court of Appeals should adopt the Hearing Panel Subcommittee's recommendation and the parties' agreement on sanctions.
2. What standard governs the Court's review of the Hearing Panel Subcommittee's findings, legal conclusions, and recommended sanctions in a lawyer-disciplinary proceeding.
3. Whether the record supported prohibiting Lakin from practicing law in West Virginia for twelve months, subject to limited exceptions, and imposing specified solicitation-related prohibitions on Lakin and the Lakin Law Firm.

Disposition

approved