On Friday, June 9, 2023, the Supreme Court of Appeals of West Virginia issued a disciplinary order against Phillip S. Isner, a West Virginia attorney, for his professional conduct.
The case, No. 22-570, was heard by the court in Charleston, Kanawha County. The Lawyer Disciplinary Board, represented by Lawyer Disciplinary Counsel Renée N. Frymyer, sought disciplinary action against Isner for his behavior. The Hearing Panel Subcommittee of the Lawyer Disciplinary Board, chaired by Stephen M. Mathias, submitted a written recommended disposition on April 6, 2023. The proposed disciplinary measures aimed to address Isner’s conduct and improve his legal practice.
The subcommittee recommended the following actions:
Public Reprimand: The court recommended that Phillip S. Isner be publicly reprimanded, serving as a formal acknowledgment and admonishment of his actions.
Supervised Practice: Isner’s legal practice was ordered to be supervised for a period of two years. The Office of Lawyer Disciplinary Counsel (ODC) and Isner would jointly select an attorney to act as his supervisor. Regular meetings, to take place every two weeks, would be conducted to enhance the quality and effectiveness of Isner’s legal services, with the aim of preventing the recurrence of any behavior warranting disciplinary action.
Additional Education: The court mandated that Isner complete an additional six hours of continuing legal education, focused specifically on ethics and law office management. This educational requirement, which goes beyond the mandatory hours, must be fulfilled within twelve months of the court’s order.
Cost Responsibility: As per Rule 3.15 of the Rules of Lawyer Disciplinary Procedure, Isner would be held accountable for the costs associated with the disciplinary proceedings.
Both the ODC and Isner, represented by his counsel Robert H. Davis, Jr., filed their consents to the recommended actions on April 17, 2023, and May 4, 2023, respectively. On June 7, 2023, the Supreme Court of Appeals of West Virginia reviewed the case and concurred with the recommended disposition of the Hearing Panel Subcommittee. Consequently, the court issued an official order to finalize the disciplinary actions.
The Disposition states:
“(1) The respondent, Phillip S. Isner, is publicly reprimanded; (2) Phillip S. Isner’s practice of law shall be supervised for a period of two years by an attorney agreed upon by the ODC and Respondent, and Respondent shall meet with his supervising attorney every two weeks with the goal of the supervised practice being to improve the quality and effectiveness of his law practice to the extent that his sanctioned behavior is not likely to reoccur; (3) Respondent shall complete an additional six hours of continuing legal education, over and above the mandatory continuing legal education hours required in the current reporting period, in the area of ethics and law office management within twelve months from the date of this order; and (4) Respondent shall pay the costs of this disciplinary proceeding pursuant to Rule 3.15 of the Rules of Lawyer Disciplinary Procedure.”
The court emphasized that the distribution of a copy of the order to Phillip S. Isner, the Office of Lawyer Disciplinary Counsel, and the West Virginia State Bar constitutes sufficient notice of its contents.
Mr. Isner is listed as the owner of the Isner Law Office. He attended West Virginia University, graduating in 2003. He practices in Elkins, West Virginia. He is licensed in West Virginia. His info can be found on Linkedin,
A copy of the original filing can be found here.