West Virginia: Lawyer’s License Annulled for Misrepresentation of a Prisoner

Link for opinion: http://www.state.wv.us/wvsca/docs/Spring10/34257.pdf


In the case of G. Patrick Stanton, JR., 695 S.E.2d 901 (W.Va. 2010), the Supreme Court of West Virginia annuls the lawyer’s license for deceit, dishonesty and misrepresentations of himself to gain access to an incarcerated former client for inappropriate misconduct.

The Supreme Court sanctioned the Board’s recommendations of rule violations for conducting misrepresentation of himself as stated in W. Virginia RPC 8.4(c); acting detrimental to the administration of justice as stated in W. Virginia RPC 8.4(d); and engaging in sexual relations with a client as stated in W. Virginia RPC 8.4(g).

The lawyer claimed to officers that he was the representing counsel for Ms. Auvil while she was incarcerated. He dishonestly used the misrepresentation to gain access to Ms. Auvil so they could have sexual relations. Ms. Auvil was also receiving monetary remunerations in exchange for the sexual activities between the respondent and herself. The court held that the Respondent’s misconduct demonstrated his dishonesty, deceit and lack of judgment and also calls into the question of his “fitness as a member of the Bar”. See also In re Jordan, 204 W.Va. 495, 513 S.E.2d 722 (1998) and In re Blair, 174 W. Va. 494, 327 S.E.2d 671 (1984).

This case teaches the importance of honesty and proper representation under Rule 8.4(c) that states that a lawyer shall not “engage in conduct involving dishonesty, fraud, deceit or misrepresentation. Also stated in W.Va. Rules of Conduct 8.4(g), it is professional misconduct for a lawyer to “have sexual relations with a client whom the lawyer personally represents during the legal representation…”