Legal Opinion · Concurrence

Gaddy Engineering Co. v. Bowles Rice McDavid Graff & Love, LLP

West Virginia Supreme Court

Decided June 14, 2013No. 12-0206Published

1ConcurrenceLoughry, Justice

WTiile I agree with the decision reached by the majority to affirm the trial court’s grant of summary judgment, I find it necessary to write separately to fault the majority for its absolute failure to recognize the critical need — as the body charged with the responsibility to both oversee and enforce this state’s rules of professional conduct1 — to address the illegality of a fee-sharing agreement between a lawyer and a nonlawyer. From the outset of this ease, the respondents sought to dismiss the ease on the grounds that the alleged fee-sharing agreement was an illegal contract and, thus,…

2Cases cited17 opinions

  1. Committee on Legal Ethics of West Virginia State Bar v. BlairWest Virginia Supreme Court · 1984
  2. O'HARA v. AhlgrenIllinois Supreme Court · 1989
  3. Murphy v. SmallridgeWest Virginia Supreme Court · 1996
  4. Cordle v. General Hugh Mercer Corp.West Virginia Supreme Court · 1984
  5. Evans & Luptak, PLC v. LizzaMichigan Court of Appeals · 2002

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