If the Supreme Court of Appeals or any court of record of this state, except the county court, observe any malpractice therein by any attorney, or if complaint, verified by affidavit, be made to any such court of malpractice by any attorney therein, such court shall order the attorney to be summoned to show cause why his license shall not be suspended or annulled. A summons shall thereupon be issued by the clerk of such court containing a copy of the charges and requiring the attorney to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service shall be made at least five days before the return day thereof. Upon the return of the summons executed, if the attorney appear and deny the charge of malpractice, the court shall, without a jury, try the same. If the attorney be found guilty by the court, or if he fail to appear and deny the charge, the court may either suspend or annul the license of such attorney as in its judgment shall seem right.
Whenever a judgment or decree shall be standing or rendered in any of said courts against an attorney for money collected by him as such, it shall be the duty of such court to suspend the license of such attorney until such judgment or decree shall be satisfied.
An appeal shall lie from any court of record of limited jurisdiction established under the provisions of section 19 of article VIII of the Constitution of this state, to the circuit court of the county, and from any circuit court to the Supreme Court of Appeals of the state, from any order suspending or annulling the license of any attorney proceeded against under the provisions of this section.
Structure West Virginia Code
Chapter 30. Professions and Occupations
§30-2-1. Certificate of Good Moral Character; Examination of Applicants for License; Licenses
§30-2-2. Attorneys From Other Jurisdictions
§30-2-4. Practice Without License or Oath; Penalty; Qualification After Institution of Suits
§30-2-5. Practice by Corporations or Voluntary Associations; Penalties; Limitations of Section
§30-2-7. Suspension or Annulment of License for Malpractice; Appeal
§30-2-8. Security for Good Behavior; Contempt
§30-2-9. Revocation, Annulment or Suspension of License Effective Throughout State
§30-2-10. Clerk and Sheriff or Their Deputies Not to Act as Attorneys
§30-2-11. Liability of Attorney to Client for Neglect of Duty
§30-2-12. Liability of Attorney or Agent for Loss of Debt or Money
§30-2-13. Liability of Attorney for Failure to Pay Over Moneys Collected; Penalty