On Tuesday, July 8, 2025, the Supreme Court of Appeals of West Virginia suspended attorney Scott A. Curnutte’s law license for six months following a series of disciplinary violations. The decision, finalized in a mandate, stems from a Lawyer Disciplinary Board case involving four complaints against Curnutte, a solo practitioner.
The case is entitled “In the Matter of Scott A. Curnutte,” with case number 23-746.
The court’s ruling, detailed in a June 6, 2025, decision, addressed four counts of misconduct outlined in complaints filed between 2022 and 2023. The first count involved Curnutte’s representation of Terry L. McFarlan in a property dispute settled in 2019. Despite the settlement, Curnutte failed to prepare corrected deeds, leaving McFarlan without a resolution years later. The Hearing Panel Subcommittee (HPS) found violations of rules requiring diligence, communication with clients, and expediting litigation, as well as failure to respond to requests from the Office of Disciplinary Counsel (ODC).
In the second count, Curnutte was retained in 2016 by John R. Lambert to pursue an elective share of his late wife’s estate. Although a settlement was reached in 2023, Lambert had not received payments by the time of the HPS hearing in April 2024. The HPS determined that Curnutte violated rules for not expediting the case and for ignoring ODC requests for updates.
The third count related to Curnutte’s representation of Edwin A. Orrillo in a criminal matter. The HPS found that Curnutte failed to respond to ODC inquiries about a complaint filed by Orrillo, violating disciplinary rules.
The fourth count concerned Curnutte’s role as a mediator in a family court case involving Adam T. Kramer in April 2022. Curnutte did not memorialize a mediated agreement within the required five days, leading to the opposing party’s withdrawal from the agreement. The HPS found violations of rules concerning fairness to opposing parties and conduct prejudicial to justice, along with failure to respond to ODC.
The court identified several aggravating factors, including Curnutte’s prior 90-day suspension in 2020 for misrepresenting professional liability insurance, a pattern of non-responsiveness to ODC, and his substantial legal experience. The only mitigating factor was his cooperation during the HPS hearing.
In addition to the six-month suspension, the court ordered Curnutte to comply with Rule 3.28 of the Rules of Lawyer Disciplinary Procedure, petition for reinstatement under Rule 3.32, and reimburse the ODC $2,305.58 for the costs of the proceedings.
According to Avvo, Mr. Curnutte is a litigation lawyer in Elkins, WV. He acquired his law license in West Virginia in 1991.
A copy of the original filing can be found here.
