Lawyer Disciplinary Board v. John F. Hussell

Summary

In this concurrence, Justice Workman agrees with the majority that the Lawyer Disciplinary Board failed to prove by clear and convincing evidence that John F. Hussell violated the West Virginia Rules of Professional Conduct. The opinion discusses the timing of an alleged sexual relationship with a former client, the termination of legal representation, and advice concerning marital property and alimony. It also advises attorneys to document the termination of representation through an unequivocal disengagement letter.

Holdings

1. The majority concluded that Hussell did not commit a sanctionable ethical violation because the sexual relationship began after all legal representation of Carolyn L. and her husband had concluded.
2. The majority concluded that Hussell did not undertake representation of Carolyn L. in the divorce matter and therefore did not commit the alleged ethical violation based on representation in that proceeding.
3. A formal disciplinary charge must be proven by clear and convincing evidence before discipline may be imposed.

Questions Presented

1. Whether Hussell violated the West Virginia Rules of Professional Conduct through a sexual relationship with a former client when the relationship began after the attorney-client representation had ended.
2. Whether Hussell improperly represented or provided legal advice to Carolyn L. in connection with her divorce and related marital-property and alimony issues.
3. Whether the Hearing Panel Subcommittee's findings and recommended discipline were supported by clear and convincing evidence.

Disposition

other