In Re Smith

The majority acknowledges that since its original opinion was filed on October 7, 1980, “the Ethics Committee filed a petition for rehearing, pointing out to the Court that it had incorrectly stated certain principles of law.” 214 W.Va. at 85, 585 S.E.2d at 604. The majority also acknowledges that “on the Court’s own motion the original opinion was withdrawn and this opinion is substituted in its place.” 214 W.Va. at 85, 585 S.E.2d at 604.

I originally dissented from the majority opinion and was joined in that dissent by my brother McGraw. We both opposed the majority’s action today in denying…