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RICH v. SIMONI

No. 14-0998.

772 S.E.2d 327 (2015)

Gary W. RICH and Law Office of Gary W. Rich, L.C., Plaintiffs/Counter-Defendants/Third-Party Plaintiffs Below, Petitioners v. Joseph SIMONI, Defendant/Counter-Plaintiff Below, Respondent v. Cochran, Cherry, Givens, Smith, Lane & Taylor, P.C., Third-Party Defendant/Counter-Claimant Below, Respondent v. Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Third-Party Defendant/Counter-Claimant Below, Respondent v. Baron and Budd, P.C., Third-Party Defendant/Counter-Claimant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 10, 2015.

Attorney(s) appearing for the Case

Richard W. Gallagher, Esq. , E. Ryan Kennedy, Esq. , Robinson & McElwee, PLLC, Clarksburg, WV, Tillman J. Finley , Pro Hac Vice, Marino Finley Law, PLLC, Washington, D.C., for Petitioners.

Jeffrey M. Wakefield, Esq. , Caleb P. Knight, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, WV, for Joseph Simoni, Ph.D.

William F. Cash III , Pro Hac Vice, Levin Papantonio , Thomas, Mitchell, Rafferty & Proctor, P.A., Pensacola, FL, for Levin, Papantonio et al.

Christopher J. McCarthy, Esq. , Booth & McCarthy, Bridgeport, WV, for Third-Party Respondents.

This case is before us on certified question from the United States District Court for the Northern District of West Virginia and presents the issue of whether the West Virginia Rules of Professional Conduct ("Rules of Professional Conduct") are statements of public policy with the equivalent legal force and effect as statutes...

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