Committee on Legal Ethics of the West Virginia State Bar v. Smith

This is a disciplinary proceeding instituted by the Committee on Legal Ethics of the West Virginia State Bar against W. Bernard Smith, a member of the Bar.1 The Committee recommended that this Court suspend Mr. Smith’s license to practice law for one year because of his threats to deny benefits under a will to any beneficiary who challenged his stewardship of the estate by filing a complaint with the Committee. Because the charge was proven by clear and convincing evidence, we conclude that a one-year suspension of Mr. Smith’s license is the appropriate penalty.

The complaint against Mr. Smith…