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LAWYER DISCIPLINARY BD. v. SMOOT

No. 34724.

716 S.E.2d 491 (2010)

LAWYER DISCIPLINARY BOARD, Petitioner, v. Douglas A. SMOOT, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Rachael L. Fletcher Cipoletti , Chief Counsel, Andrea J. Hinerman , Jessica H. Donahue , Office of Disciplinary Counsel, Charleston, WV, for Petitioner.

Stephen R. Crislip , A.L. Emch, Ben M. McFarland , Jackson Kelly PLLC, Charleston, WV, for Respondent.

Thomas P. Maroney , Maroney, Williams, Weaver & Pancake, PLLC, Charleston, WV, for Amici Curiae, National Black Lung Association; Appalachian Citizens' Law Center, Inc.; and West Virginia Labor Federation, AFL-CIO.

Darrell V. McGraw, Jr. , Attorney General, Scott E. Johnson , Assistant Attorney General, Charleston, WV, for Amicus Curiae, Appalachian Citizens' Law Center, Inc.; and West Virginia Labor Federation, AFL-CIO.

Grant Crandall , United Mine Workers of America, Triangle, VA, for Amicus Curiae, United Mine Workers of America.

DAVIS, Chief Justice:

In this lawyer disciplinary proceeding brought against Douglas A. Smoot, the Hearing Panel Subcommittee of the Lawyer Disciplinary Board (hereinafter referred to as "the HPS") has recommended that the matter be dismissed. Before this Court, the Office of Disciplinary Counsel (hereinafter referred to as "the ODC") argues that Mr. Smoot violated Rules 3.4, 4.3, 8.4(c), and 8.4(d) of the West Virginia Rules of Professional Conduct

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