3. In disciplinary proceedings, this Court, rather than endeavoring to
establish a uniform standard of disciplinary action, will consider the facts and
circumstances in each case, including mitigating facts and circumstances, in determining
what disciplinary action, if any, is appropriate[.] Syllabus point 2, in part, Committee on
Legal Ethics of the West Virginia State Bar v. Mullins, 159 W. Va. 647, 226 S.E.2d 427
(1976), overruled on other grounds by Committee on Legal Ethics of The West Virginia State
Bar v. Cometti, 189 W. Va. 262, 430 S.E.2d 320 (1993).
4. Although Rule 3.16 of the West Virginia Rules of Lawyer
Disciplinary Procedure enumerates the factors to be considered in imposing sanctions after
a finding of lawyer misconduct, a decision on discipline is in all cases ultimately one for
the West Virginia Supreme Court of Appeals. This Court, like most courts, proceeds from
the general rule that, absent compelling extenuating circumstances, misappropriation or
conversion by a lawyer of funds entrusted to his/her care warrants disbarment. Syllabus
point 5, Office of Disciplinary Counsel v. Jordan, 204 W. Va. 495, 513 S.E.2d 722 (1998).
5. If a lawyer converts firm monies to his or her own use without
authorization, the attorney is subject to a disciplinary charge. Such conduct obviously
reflects a dishonest and deceitful nature which violates the general precept that an attorney
should avoid dishonesty or deceitful conduct. Syllabus point 3, in part, Committee on
Legal Ethics of the West Virginia State Bar v. Hess, 186 W. Va. 514, 413 S.E.2d 169
(1991).
6. In deciding on the appropriate disciplinary action for ethical
violations, this Court must consider not only what steps would appropriately punish the
respondent attorney, but also whether the discipline imposed is adequate to serve as an
effective deterrent to other members of the Bar and at the same time restore public
confidence in the ethical standards of the legal profession. Syllabus point 3, Committee
on Legal Ethics of the West Virginia State Bar v. Walker, 178 W. Va. 150, 358 S.E.2d 234
(1987).
7. Disbarment of an attorney to practice law is not used solely to punish
the attorney but is for the protection of the public and the profession. Syllabus point 2, In re Daniel, 153 W. Va. 839, 173 S.E.2d 153 (1970).
Per Curiam:
The respondent herein, Leonard S. Coleman (hereinafter Mr. Coleman),
presents his objections to a July 14, 2006, recommendation of the Hearing Panel
Subcommittee of the Lawyer Disciplinary Board to annul his license to practice law in the
State of West Virginia. In summary, the Panel found that Mr. Coleman's conversion of
approximately $170,000.00 in legal fees paid by clients to Mr. Coleman's former law firm
violated Rule 1.15 and Rule 8.4 of the West Virginia Rules of Professional Conduct and
warranted, among other sanctions, disbarment. Before this Court, Mr. Coleman argues
that his misconduct did not constitute a violation of Rule 1.15 and that annulment of his
law license is too severe a sanction for his actions. Upon a review of the parties'
arguments, the record of the proceedings below, and the pertinent authorities, we reject
Mr. Coleman's arguments and agree with the Panel's recommendations that Mr.
Coleman's law license should be annulled; that he should be required to make full
restitution, plus interest, to his former law firm; and that he should be required to
reimburse the Lawyer Disciplinary Board for the costs of these proceedings.
Mr. Coleman again diverted and converted clients' payments for bond work
performed by the firm into his personal bank account for his personal use in November
2004 for work performed on a combined pool housing project in the amount of
$35,000.00; in December 2004 for work performed on a five county/multi county housing
project in the amount of $35,000.00; in January 2005 for work performed on a medical
office facilities bonds project in the amount of $15,000.00; in March 2005 for work
performed on a Stonewall Jackson Lake State Park project in the amount of $10,740.00;
and in May 2005 for work performed on a Water Development Authority project in the
amount of $40,000.00.
On about May 20, 2005, one of the attorneys of Goodwin & Goodwin
discovered Mr. Coleman's diversion and conversion of the above-described clients'
payments, which totaled $170,740.00. Mr. Coleman was asked to tender his immediate
resignation and a letter detailing his misconduct. Mr. Coleman's letter describing his
actions was dated May 24, 2005, and included the six aforementioned transactions;
however, his letter did not reference a seventh transaction from May 20, 2005, in which
Mr. Coleman had attempted to divert a client's payment for bond work performed on a
University Bonds project in the amount of $37,500.00. Nevertheless, the law firm
discovered the May 20, 2005, pending transaction and prevented the funds from being
transferred to Mr. Coleman's personal bank account.
On August 27, 2005, the Investigative Panel of the Lawyer Disciplinary Board issued the Statement of Charges forming the basis of this disciplinary proceeding, which charges were filed with this Court on October 4, 2005. In summary, Mr. Coleman was charged with six counts of misconduct, one count for each of the instances of diversion and conversion that occurred between September 2004 and May 2005. (See footnote 4) Count 1 of the Statement of Charges asserts that
[i]n or about September 2004, Respondent [Mr. Coleman]
knowingly, intentionally and wrongfully placed his own
personal bank account information on an invoice to Goodwin
& Goodwin's client for bond work pertaining to a Marshall
County Housing project. As a result, the firm's fee in the
amount of Thirty-Five Thousand Dollars ($35,000.00) was
wire transferred into Respondent's personal bank account, and
spent by Respondent for his own personal benefit, all without
the knowledge or consent of the other members of Goodwin
& Goodwin.
Because he wrongfully placed his own personal bank account
information on the invoice to Goodwin & Goodwin's client,
causing the Thirty-Five Thousand Dollars ($35,000.00) to be
wired to his own personal bank account, failed to advise
Goodwin & Goodwin of its receipt, failed to promptly deliver
the fee to the firm, and failed to keep the fee separate from his
own personal property, but co-mingled the Thirty-Five
Thousand Dollars ($35,000.00) with his own personal
property and converted the same to his own personal use,
Respondent violated Rules 1.15(a), (b), (c) and Rule 8.4(c) of
the West Virginia Rules of Professional Conduct which
provide as follows in pertinent part:
Rule 1.15. Safekeeping property.
(a) A lawyer shall hold property of . . . third persons
that is in a lawyer's possession in connection with a
representation separate from the lawyers [sic] own
property. . . .
(b) Upon receiving funds or other property in which a
. . . third person has an interest, a lawyer shall promptly notify
the . . . third party . . . .
(c) When in the course of representation a lawyer is in
possession of property in which both the layer [sic] and
another person claim interests, the property shall be kept
separate by the lawyer until there is an accounting and
severance of their interests. If a dispute arises concerning
their respective interests, the portion in dispute shall be kept
separate by the lawyer until the dispute is resolved.
Rule 8.4. Misconduct.
It is professional misconduct for a lawyer to:
(c) engage in conduct involving dishonesty, fraud,
deceit or misrepresentation.
The remaining five counts are identical to Count 1 with the exception of the project
referenced, the fee amount involved therein, and the omission of the quotations of
supporting authority. A statement of Aggravating Factors was also set forth in the
Statement of Charges:
Respondent's actions as alleged herein arose as the result of a dishonest or selfish motive, constituted a pattern of misconduct or multiple offenses continuing for a seven (7) [sic] month period until discovered by another member of Goodwin & Goodwin and totaling One Hundred Seventy Thousand Seven Hundred Forty Dollars ($170,740.00), and constituted illegal conduct on the part of Respondent.
Thereafter, the Hearing Panel Subcommittee of the Lawyer Disciplinary
Board (hereinafter the Panel) held a hearing in this matter on March 24, 2006. During
these proceedings, it was revealed that Mr. Coleman had engaged in similar misconduct
in 1993-94 by misappropriating clients' fees payments. Upon discovery of that
misconduct, Mr. Coleman's law firm decided to forgive him, and he made full restitution
of the unspecified (See footnote 5) amount he had converted.
The Panel issued its report on July 14, 2006, finding, in summary, that Mr.
Coleman's most recent misconduct constituted a more sophisticated fraudulent scheme
than his earlier, unreported transgressions and the amount of money involved herein is
staggering. Further, the Panel concluded that, given the less severe sanctions imposed
in previous cases involving misconduct similar to that perpetrated by Mr. Coleman, see Lawyer Disciplinary Board v. Ford, 211 W. Va. 228, 564 S.E.2d 438 (2002) (per curiam)
(admonishing lawyer who converted $22,450.00 of law firm's money to his own use and
who made full restitution within 60 days of discovery of wrongdoing); Committee on Legal
Ethics v. Hess, 186 W. Va. 514, 413 S.E.2d 169 (1991) (suspending attorney for
conversion of $16,759.97 from client settlement account and $6,189.25 of interest earned
by said account), [t]here is no reason to believe that any sanction less than Respondent
being stripped of his law license by annulment would deter Respondent from engaging in
similar morally reprehensible, nefarious conduct. The Panel then
recommend[ed] the following sanctions:
1. That Respondent's law license be annulled. The
Subcommittee finds that annulment is the only appropriate sanction for such a gross pattern of
misconduct that Respondent has exhibited;
2. That Respondent be ordered to reimburse the
firm of Goodwin & Goodwin in the amount of
$167,000.00, at a rate of 10% interest per
annum; and
3. That Respondent be ordered to reimburse the
Lawyer Disciplinary Board the costs of these
proceedings pursuant to Rule 3.15 of the Rules
of Lawyer Disciplinary Procedure.
(Emphasis in original). Following this ruling, Mr. Coleman filed his objections to the
Panel's recommended discipline, which objections were accepted by this Court for further
consideration in the instant proceeding.
A de novo standard applies to a review of the adjudicatory record made before the [Lawyer Disciplinary Board] as to questions of law, questions of application of the law to the facts, and questions of appropriate sanctions; this Court gives respectful consideration to the [Board's] recommendations while ultimately exercising its own independent judgment. On the other hand, substantial deference is given to the [Board's] findings of fact, unless such findings are not supported by reliable, probative, and substantial evidence on the whole record.
Syl. pt. 3, Committee on Legal Ethics of the West Virginia State Bar v. McCorkle, 192
W. Va. 286, 452 S.E.2d 377 (1994). Accord Syl. pt. 3, in part, In re Brown, 166 W. Va.
226, 273 S.E.2d 567 (1980) (Absent a showing of some mistake of law or arbitrary
assessment of the facts, recommendations made by the State Bar Legal Ethics Committee
. . . are to be given substantial consideration.). With respect to the sanctions that are
appropriate in a given case, however, [t]his Court is the final arbiter of legal ethics
problems and must make the ultimate decisions about public reprimands, suspensions or
annulments of attorneys' licenses to practice law. Syl. pt. 3, Committee on Legal Ethics
of the West Virginia State Bar v. Blair, 174 W. Va. 494, 327 S.E.2d 671 (1984). Mindful
of these standards, we proceed to consider the parties' arguments.
Respondent [Mr. Coleman] violated his oath that he would
honestly demean himself in the practice of law. W. Va. Code
§ 30-2-3. He took money without the knowledge or
authorization of his partners, money which clearly was not his,
and converted it to his own use. He violated his fiduciary
obligation of good faith and fair dealing with his partners. His
conduct was reprehensible, dishonest and deceitful. He not
only jeopardized the reputation of his law firm, he jeopardized
the public's perception of the legal system.
Upon the record presented for our consideration, the parties' arguments, the
recommendation of the Lawyer Disciplinary Board, and Mr. Coleman's own admission,
we conclude that Mr. Coleman violated Rule 8.4 of the West Virginia Rules of
Professional Conduct when he, on six different occasions, diverted clients' payments into
his own bank account and converted those funds for his own use. Such misconduct
involv[ed] dishonesty, fraud, deceit [and] misrepresentation with respect to his dealings
with his clients and his law firm and its members. See Rule 8.4(c). It goes without saying
that, in misappropriating some $170,740.00 in fee payments, over the course of
approximately nine months, from six different clients, Mr. Coleman dishonestly
misrepresented the bank account information set forth on his clients' invoices, mislead
clients as to the destination for such payments, and fraudulently and deceitfully acquired
and consumed such monies for his own personal benefit to the exclusion and detriment of
his law firm. What remains to be determined, however, is the discipline warranted by
such a flagrant disregard for the ethical duties by which Mr. Coleman, as an attorney-at-
law, was required to abide.
With respect to the sanctions that should be imposed in a particular lawyer
disciplinary proceeding, we have recognized that
Rule 3.16 of the West Virginia Rules of Lawyer
Disciplinary Procedure enumerates factors to be considered in
imposing sanctions and provides as follows: In imposing a
sanction after a finding of lawyer misconduct, unless
otherwise provided in these rules, the Court [West Virginia
Supreme Court of Appeals] or the Board [Lawyer Disciplinary
Board] shall consider the following factors: (1) whether the
lawyer has violated a duty owed to a client, to the public, to
the legal system, or to the profession; (2) whether the lawyer
acted intentionally, knowingly, or negligently; (3) the amount
of the actual or potential injury caused by the lawyer's
misconduct; and (4) the existence of any aggravating or
mitigating factors.
Syl. pt. 4, Office of Lawyer Disciplinary Counsel v. Jordan, 204 W. Va. 495, 513 S.E.2d
722 (1998). Because of the fact-specific nature of disciplinary proceedings, we also
appreciate that there is no rigid standard of discipline that is appropriate in all cases. For
this reason, we have held that
[i]n disciplinary proceedings, this Court, rather than
endeavoring to establish a uniform standard of disciplinary
action, will consider the facts and circumstances in each case,
including mitigating facts and circumstances, in determining
what disciplinary action, if any, is appropriate[.]
Syl. pt. 2, in part, Committee on Legal Ethics of the West Virginia State Bar v. Mullins, 159
W. Va. 647, 226 S.E.2d 427 (1976), overruled on other grounds by Committee on Legal
Ethics of The West Virginia State Bar v. Cometti, 189 W. Va. 262, 430 S.E.2d 320 (1993).
With specific respect to the subject matter of the instant proceeding,
however, we do not take lightly those disciplinary cases in which a lawyer's misconduct
involves the misappropriation of money. In such instances, we have resolutely held that,
unless the attorney facing discipline can demonstrate otherwise, disbarment is the only
sanction befitting of such grievous misconduct.
Although Rule 3.16 of the West Virginia Rules of
Lawyer Disciplinary Procedure enumerates the factors to be
considered in imposing sanctions after a finding of lawyer
misconduct, a decision on discipline is in all cases ultimately
one for the West Virginia Supreme Court of Appeals. This
Court, like most courts, proceeds from the general rule that,
absent compelling extenuating circumstances, misappropriation
or conversion by a lawyer of funds entrusted to his/her care
warrants disbarment.
Syl. pt. 5, Office of Disciplinary Counsel v. Jordan, 204 W. Va. 495, 513 S.E.2d 722
(emphasis added). See also Lawyer Disciplinary Bd. v. Kupec, 202 W. Va. 556, 571, 505
S.E.2d 619, 634 (1998) ('Misappropriation of funds by an attorney involves moral
turpitude; it is an act infected with deceit and dishonesty and will result in disbarment in
the absence of compelling extenuating circumstances justifying a lesser sanction.'
(quoting Committee on Legal Ethics of the West Virginia State Bar v. Hess, 186 W. Va. 514,
517, 413 S.E.2d 169, 172 (1991) (additional quotations and citation omitted))).
Before this Court, Mr. Coleman points to numerous factors in mitigation of
the sanctions that should be imposed for his misconduct. In opposition to Mr. Coleman's
suggestion that mitigating circumstances exist to lessen the severity of his actions, the
Lawyer Disciplinary Board asserts that, instead, there exist many aggravating
circumstances to justify the annulment of Mr. Coleman's license to practice law. In
determining whether compelling extenuating circumstances exist to lessen the sanctions
to be imposed for Mr. Coleman's aforementioned conversion of clients' fee payments, we
will briefly consider both the mitigating and aggravating factors as urged by the parties. See Syl. pt. 5, in part, Office of Disciplinary Counsel v. Jordan, 204 W. Va. 495, 513 S.E.2d
722.
Mr. Coleman suggests that the circumstances of this case do not justify the
annulment of his law license because several mitigating factors are present to lessen the
severity of his conduct and the punishment that should be imposed as a result thereof. We
previously have held that [m]itigating factors in a lawyer disciplinary proceeding are any
considerations or factors that may justify a reduction in the degree of discipline to be
imposed. Syl. pt. 2, Lawyer Disciplinary Bd. v. Scott, 213 W. Va. 209, 579 S.E.2d 550
(2003). Moreover,
[m]itigating factors which may be considered in determining the appropriate sanction to be imposed against a lawyer for violating the Rules of Professional Conduct include: (1) absence of a prior disciplinary record; (2) absence of a dishonest or selfish motive; (3) personal or emotional problems; (4) timely good faith effort to make restitution or to rectify consequences of misconduct; (5) full and free disclosure to disciplinary board or cooperative attitude toward proceedings; (6) inexperience in the practice of law; (7) character or reputation; (8) physical or mental disability or impairment; (9) delay in disciplinary proceedings; (10) interim rehabilitation; (11) imposition of other penalties or sanctions; (12) remorse; and (13) remoteness of prior offenses.
Syl. pt. 3, id. In this regard, Mr. Coleman argues that he has never before been the subject
of a lawyer disciplinary proceeding in his nearly twenty-five years of practice; his actions
were precipitated by his substantial personal and emotional problems; he has promptly
made a good faith effort at restitution; and he has made a full and free disclosure of his
misconduct and has not attempted to conceal his actions.
While we appreciate Mr. Coleman's efforts to reduce the severity of his
actions by citing the aforementioned factors in mitigation thereof, we do not believe that
any of these factors, either individually or in their entirety, lessen the blatant disregard for
the ethical obligations of his profession demonstrated by Mr. Coleman or the punishment
that is warranted by his misconduct. First, we are not persuaded by Mr. Coleman's
contention that he never before has been professionally disciplined insofar as the pattern
of misappropriations which form the basis of the instant disciplinary proceeding is not an
isolated occurrence. Rather, in 1993-94, Mr. Coleman converted another substantial sum
of clients' fee payments, unbeknownst to his law firm until he had misappropriated
between $30,000.00 and $70,000.00. (See footnote 7) At that time, his law firm graciously forgave him
upon his remorse and restitution. He was not subject to discipline only because his law
firm did not report his misconduct. It can hardly be said, then, that Mr. Coleman had a
clean slate before the present disciplinary action was brought against him.
Neither are we persuaded by Mr. Coleman's argument that his personal and
emotional problems have contributed to his misconduct. Rather than seeking professional
assistance following the first incidences of misappropriation some ten years previous, Mr.
Coleman continued, unsuccessfully, to deal with his personal affairs on his own.
Admittedly knowing that the diversion and conversion of client payments was wrong, Mr.
Coleman nevertheless commenced misappropriating again until his misconduct was
discovered.
Moreover, while Mr. Coleman claims to have undertaken a timely good
faith effort to make restitution, Syl. pt. 3, in part, Scott, 213 W. Va. 209, 579 S.E.2d 550,
we are not convinced that he has done all that is within his power to repay his former law
firm. Understandably, Mr. Coleman's resources have been severely limited by his
disassociation from his former law firm and unstable employment situation. Nevertheless,
Mr. Coleman's restitution consists of one single payment of $3,000.00 in July 2005.
Although Mr. Coleman originally had promised to repay his former law firm on a monthly
basis, he has not attempted to make additional payments, of any amount, at any time, since
the isolated repayment. Even a monthly payment of $10 or $20 would demonstrate a good
faith effort at making restitution in spite of limited financial resources and would
definitely prove that Mr. Coleman was remorseful for his actions.
Finally, we are deeply troubled by Mr. Coleman's suggestion that he has
made a full and free disclosure and has not attempt[ed] to conceal his conduct. When
Mr. Coleman's misappropriations were discovered, he failed to disclose the final, pending
transaction on which he had substituted his bank account information for that of his law
firm. Although he claims that he believed the law firm would receive these funds because
he would not be involved in the closing of that client's bond transaction, the reason for his
failure to disclose this information is irrelevant. At that time, Mr. Coleman should have
alerted the firm that, in addition to the other six instances of misappropriation it had
discovered, a seventh was also pending. Particularly given the graciousness the law firm
had extended to Mr. Coleman when it discovered his prior misappropriation scheme in
1994, he at least owed his fellow partners a full and free disclosure of his most recent
pattern of misconduct.
Instead of presenting factors in mitigation, the Lawyer Disciplinary Board
contends that several aggravating factors exist to justify the sanction of disbarment it
recommends in this case. Aggravating factors in a lawyer disciplinary proceeding are
any considerations or factors that may justify an increase in the degree of discipline to be
imposed. Syl. pt. 4, Lawyer Disciplinary Bd. v. Scott, 213 W. Va. 209, 579 S.E.2d 550.
To support its position, the Lawyer Disciplinary Board cites several aggravating factors
that it believes should be considered to enhance Mr. Coleman's punishment: the selfish
and dishonest motive he displayed in committing the misappropriations; his substantial
experience of nearly twenty-five years in the practice of law; his pattern of misconduct
insofar as he had committed similar acts of diversion and conversion in 1993-94; and the
fact that the current misconduct involved multiple offenses.
We agree with the Lawyer Disciplinary Board that there exist several
aggravating factors that justify imposing stringent sanctions upon Mr. Coleman for his
misconduct. As we previously have discussed in the context of Mr. Coleman's purported
mitigating factors, the transactions which form the basis of these disciplinary proceedings
were not the first time Mr. Coleman had misappropriated clients' fee payments from his
law firm and converted said monies for his own personal use. On each occasion of his
diversion and conversion scheme, Mr. Coleman expressed utter disregard for the well-
being of his law firm, as well as the sanctity of the legal profession, in order to secure
funds for himself. The fact that he has been practicing law for twenty-five years and has
apparently, in all other respects, been an upstanding member of the legal community
makes his transgressions that much more heinous in that, frankly, he should have known
better.
In addition to the aggravating factors relied upon by the Lawyer Disciplinary
Board, we find there exist still other aggravating circumstances to support the imposition
of strict sanctions in this case: the amount of money involved, the illegality of Mr.
Coleman's misconduct, and his blatant disregard for his obligations to his former law firm.
First, the sum of money involved in this case is, as described by the Panel, staggering.
Over the course of nine months, Mr. Coleman managed to secret away approximately
$170,740.00 in payments clients had made for legal services they had received. It is small
consolation that, as Mr. Coleman stated in his brief before this Court, [t]here were other
bond transactions during this time period from which he did not divert funds. Moreover,
misappropriation of this magnitude potentially implicates numerous criminal statutes. See,
e.g., W. Va. Code § 61-3-22 (1923) (Repl. Vol. 2000) (falsifying accounts); W. Va. Code
§ 61-3-24 (1994) (Repl. Vol. 2000) (obtaining money by false pretenses); W. Va. Code
§ 61-3-24d (1995) (Repl. Vol. 2000) (fraudulent schemes); W. Va. Code § 61-3-54 (1998)
(Repl. Vol. 2000) (taking identity of another person). The fact that Mr. Coleman has not
been charged criminally (See footnote 8) for his actions does not lessen their severity or the ramifications
thereof.
Last, but certainly not least, is the blatant disregard Mr. Coleman has
expressed for his law firm. Not only should he have been extraordinarily utterly grateful
that his fellow partners gave him a second chance to be an upstanding member of the legal
community when his first round of misappropriations was discovered in 1994, but Mr.
Coleman also owed a fiduciary duty to the firm, itself, which duty was breached by his
subsequent scheme of diverting and converting clients' payments in 2004-05. We
previously have held that [i]f a lawyer converts firm monies to his or her own use without
authorization, the attorney is subject to a disciplinary charge. Such conduct obviously
reflects a dishonest and deceitful nature which violates the general precept that an attorney
should avoid dishonesty or deceitful conduct. Syl. pt. 3, in part, Committee on Legal
Ethics of the West Virginia State Bar v. Hess, 186 W. Va. 514, 413 S.E.2d 169 (1991). See
also Syl. pt. 2, in part, id. ('The utmost good faith and fair dealing must be exercised
toward each other by . . . partners[.]' Syllabus Point 1, in part, Zogg v. Hedges, 126
W. Va. 523, 29 S.E.2d 871 (1944).). Having utter disregard for his law firm's prior
benevolence as well as his own duty to deal fairly and honestly with the members of his
firm suggests that Mr. Coleman does not fully understand or appreciate the wrongfulness
of his actions.
Upon rendering its ruling, the Panel recommended that Mr. Coleman be
subjected to the following discipline:
1. That Respondent's law license be annulled. The
Subcommittee finds that annulment is the only appropriate sanction for such a gross pattern of
misconduct that Respondent has exhibited;
2. That Respondent be ordered to reimburse the
firm of Goodwin & Goodwin in the amount of
$167,000.00, at a rate of 10% interest per
annum; and
3. That Respondent be ordered to reimburse the
Lawyer Disciplinary Board the costs of these
proceedings pursuant to Rule 3.15 of the Rules
of Lawyer Disciplinary Procedure.
(Emphasis in original).
The imposition of sanctions in a lawyer disciplinary proceeding is a serious
matter.
In deciding on the appropriate disciplinary action for ethical violations, this Court must consider not only what steps would appropriately punish the respondent attorney, but also whether the discipline imposed is adequate to serve as an effective deterrent to other members of the Bar and at the same time restore public confidence in the ethical standards of the legal profession.
Syl. pt. 3, Committee on Legal Ethics of the West Virginia State Bar v. Walker, 178 W. Va.
150, 358 S.E.2d 234 (1987). Accordingly, the decision to annul an attorney's license to
practice law in this State is not one we make lightly; disbarment is a sanction reserved for
only the most egregious of disciplinary proceedings. The instant matter is one such case.
Disbarment of an attorney to practice law is not used solely to punish the attorney but is
for the protection of the public and the profession. Syl. pt. 2, In re Daniel, 153 W. Va.
839, 173 S.E.2d 153 (1970).
Upon the facts and circumstances of this case, we find disbarment to be the
only sanction suitable to punish Mr. Coleman for his wrongdoing. Obviously, since this
is his second misappropriation scheme, Mr. Coleman was not deterred by either the shame
and embarrassment he surely must have felt upon his former law firm's discovery of his
first round of transgressions in 1994 or by his requirement to repay the firm the sums he
had then misappropriated. Moreover, as we previously have held, absent compelling
extenuating circumstances, misappropriation or conversion by a lawyer of funds entrusted
to his/her care warrants disbarment. Syl. pt. 5, in part, Office of Disciplinary Counsel v.
Jordan, 204 W. Va. 495, 513 S.E.2d 722. Finding no compelling extenuating
circumstances in this case, we are left with the conclusion that the only appropriate
punishment is to annul Mr. Coleman's license to practice law in this State.