State Ex Rel. Medical Assurance of West Virginia, Inc. v. Recht

(Filed May 30, 2003)

I wish to make it clear that, not only do I concur in the majority’s disposition of this case, “I agree entirely with Justice [Maynard’s] analysis of the legal issues presented here and with his application of them to the facts of this case.” Woodall v. International Bhd. of Elec. Workers, 192 W.Va. 673, 678, 453 S.E.2d 656, 661 (1994) (Cleekley, J., concurring). I have chosen to write separately on the crime-fraud exception to the attorney-client privilege as it is an issue that I believe trial courts will be confronting now that the Court has made clear that the…