Disciplinary Action Against Wheeling Attorney
The West Virginia Supreme Court of Appeals has issued its ruling regarding Wheeling attorney Paul Harris, who faced three disciplinary charges from the state Lawyer Disciplinary Board for alleged professional misconduct.
Allegations of Misappropriation and Ethical Violations
Harris was accused of mishandling $600,000 obtained from a divorce settlement, claiming the funds were intended for his legal fees. However, it was alleged that the money was meant for a family trust. Attorney Elgine H. McArdle further alleged that Harris opened an account in Healy Baumgardner’s name without consent and misused $93,000 from the funds.
Two additional ethics complaints were filed against Harris:
- Rocky A. Tingler claimed he paid Harris $50,000 in 2017 for legal representation in a federal case but never received any services.
- Thomas M. Carr alleged that Harris failed to account for over $1.2 million from his family’s assets following the sale of properties in Iowa.
Supreme Court’s Decision and Sanctions
On January 14, the West Virginia Supreme Court of Appeals reviewed the case and imposed the following sanctions:
- Suspension from legal practice for two years, with requirements to comply with Rule 3.28 of the Rules of Lawyer Disciplinary Procedure.
- Mandatory petition for reinstatement following Rule 3.32 guidelines.
- Refund of $34,995 in unearned fees to Tingler before reinstatement.
- Annual audit requirement of his law practice accounts for three years, if reinstated and in private practice, with audit results submitted to the Office of Disciplinary Counsel (ODC).
- Reimbursement of disciplinary proceeding costs to the Lawyer Disciplinary Board before reinstatement.
History of Prior Disciplinary Actions
Harris, who has over 35 years of legal experience, has previously faced disciplinary actions, including an admonishment from the Lawyer Disciplinary Board in 1995 and another from the state Supreme Court in 2001.
The court’s ruling underscores its commitment to maintaining professional integrity within the legal profession. Harris will be required to meet all conditions before any potential return to legal practice.
