On Thursday, November 17, 2022, the Supreme Court of Appeals of the State of West Virginia ruled on the written recommendation of the Hearing Panel Subcommittee of the Lawyer Disciplinary Board relating to charges for attorney discipline against Clarksburg Attorney Gregory H. Schillace.
The case, titled Lawyer Disciplinary Board vs. Gregory H. Schillace, was brought by the Lawyer Disciplinary Board. Case #20-0233.
The charges cited Schillace’s violations of West Virginia Rules of Professional 1.1, 1.2(a), 1.3, 1.4, 1.5, 1.5(b), 1.5(c), 1.15(b), 1.15(d), 1.16(d), 3.2, 3.4, 3.4(d), 8.4(c), and 8.4(d).
The West Virginia Rules of Professional Conduct can be found here.
The following are as alleged and summarized from the filing:
On March 16, 2020, the Lawyer Disciplinary Board filed a seven-count Statement of Charges against Mr. Schillace, alleging dozens of ethics violations. Mr. Schillace, over the course of several years, engaged in a pattern of misconduct by repeatedly agreeing to represent clients but later abandoning his duties and responsibilities, leaving them with no legal representation. The charges further alleged Schillace’s lack of diligence and competence in representing his clients, failure to communicate with clients about their cases, failure to obey clients’ decisions, and failure to respond to the disciplinary authorities. Mr. Schillace’s misconduct allegedly cost his former clients their legal rights, property, and trust in the legal system, and contributed to public distrust of the legal profession.
On all counts, the Hearing Panel Subcommittee (HPS) found that Mr. Schillace committed 53 ethics violations and recommended a stay of two-year suspension of Schillace’s law license. It reasoned that Mr. Schillace’s diagnosed mental impairment mitigates against harsher sanctions.
The Office of Disciplinary Counsel (“ODC”) objected to the HPS’s recommended disposition. While Mr. Schillace consented to the recommended disposition but noted his objections to certain findings of facts.
Justice Elizabeth D. Walker, who penned the Opinion of the Court, in relation to Schillace’s mental impairment stated:
“We recognize how Respondent’s mental impairment affected his client representation, and we afford it due mitigating weight. We also commend his actions to address it, and we acknowledge his continued efforts toward mental health recovery. But this impairment does not insulate him from meaningful sanctions. . .”
In view of the foregoing facts and discussions, the Court ruled against Mr. Schillace in relation to the above-cited Rules of Professional Conduct.
The Disposition reads:
“For the above reasons, we impose the following sanctions: (1) we suspend Respondent’s law license for two years; (2) we refer Respondent to the WVJLAP for evaluation, treatment recommendation, and monitoring, if deemed necessary, and reinstatement shall be conditioned on full compliance with any such recommendations; (3) as a condition of reinstatement, Respondent must demonstrate that he has satisfied and paid in full pay any outstanding sanctions, penalties, or obligations owed to any tribunal in this State and all expenses related to the underlying disciplinary proceedings; and (4) if reinstated, Respondent shall maintain $1,000,000 in professional malpractice insurance, per claim, and in the aggregate.”
Prior to this suspension, Mr. Schillace practiced in Clarksburg, West Virginia where he maintained Schillace Law Office. He obtained his Juris Doctorate from West Virginia University in 1990. He has been licensed in West Virginia.
A copy of the original filing can be found here.
