No Single Transgression Reflects More Negatively On The Legal Profession Than A Lie Yet Punishment Mild in West Virginia

Read the full article at https://www.linkedin.com/pulse/single-transgression-reflects-more-negatively-legal-zalma-esq-cfe and at https://zalma.com/blog plus more than 3400 posts. 

This lawyer disciplinary proceeding originated with a “Statement of Charges” by the Lawyer Disciplinary Board (“LDB”) against Scott A. Curnutte (“Mr. Curnutte”) alleging that he violated the West Virginia Rules of Professional Conduct by providing false information about his professional liability insurance coverage to the West Virginia State Bar (“State Bar”). For three consecutive fiscal years, Mr. Curnutte submitted his annual Financial Responsibility Disclosure (“FRD”) falsely certifying that he was covered .

ZALMA OPINION

The West Virginia Supreme Court was very considerate of Mr. Curnutte’s mitigating circumstances in light of his blatant, wrongful, lie. Since the lies he told negatively reflected on the practice of law, he should have been suspended for two or more years and required to obtain insurance, not just tell about his efforts. His remorse is commendable but one can only wonder if the remorse was about being caught rather than that he lied.