Lawyer Disciplinary Proceedings

When Your License—and Reputation—Are on the Line

For attorneys, few things are more stressful than receiving notice of a disciplinary complaint. Your reputation, livelihood, and ability to practice law are all at stake. Even if you believe the complaint is unfounded, navigating the process alone can be risky. At Ray, Winton & Kelley, we represent lawyers in all stages of disciplinary proceedings and bar investigations throughout West Virginia.

We understand what's on the line—and how to protect it.

Facing a Complaint from the Office of Disciplinary Counsel (ODC)

Receiving a letter from the ODC doesn’t always mean you’ve done something wrong. But how you respond matters. Disciplinary investigations can be triggered by unhappy clients, adversaries, or even misunderstandings about routine conduct. What starts as a minor grievance can escalate if it isn’t handled properly.

We help attorneys:

Understand the nature and scope of the complaint
Respond to inquiries and requests for information
Gather evidence and documentation to support their position
Avoid missteps that could worsen the investigation
Navigate settlement options, private reprimands, or formal hearings

This isn’t the time to represent yourself. Just like in any other legal matter, having skilled representation can be the difference between resolution and escalation.

Common Issues That Lead to Disciplinary Action

Even diligent, ethical lawyers can find themselves the subject of a complaint. Sometimes it’s a procedural misstep. Other times, it’s a communication breakdown. In some cases, the issue involves a gray area—where perception carries just as much weight as intent.

We’ve helped attorneys address complaints related to:

Alleged violations of confidentiality
Mishandling of client funds or trust accounts
Inadequate communication or missed deadlines
Conflict of interest concerns
Improper advertising or solicitation
Criminal charges or off-the-clock conduct affecting licensure

Whether the complaint is rooted in fact or entirely without merit, the key is a well-prepared and timely response.

Navigating the Disciplinary Process in West Virginia

West Virginia’s Office of Disciplinary Counsel takes complaints seriously—and so do we. Once a complaint is filed, the ODC will evaluate whether it warrants formal investigation. If it proceeds, attorneys may face document requests, interviews, and formal hearings before the Hearing Panel Subcommittee or the Supreme Court of Appeals.

We guide our clients through every step, including:

Responding to initial inquiries
Preparing written submissions and legal arguments
Representing you in meetings, interviews, and hearings
Negotiating outcomes when appropriate
Appealing decisions, if necessary

Our goal is to help you protect your license while minimizing long-term damage to your reputation and practice.

You’ve Spent Years Building Your Career—Don’t Risk It Alone

A disciplinary complaint can feel deeply personal. It’s not just a professional issue—it affects your name, your credibility, and your future. At RWK, we take that seriously. We bring discretion, focus, and decades of experience to these matters, always with the goal of protecting what you’ve worked so hard to build.

We understand how the disciplinary process works—because we’ve been through it with other attorneys. We don’t judge. We don’t lecture. We show up, get to work, and fight for your best possible outcome.

Why RWK Is the Right Fit

At Ray, Winton & Kelley, we’ve built a reputation on practical, thoughtful legal work that puts our clients’ needs first. We don’t overcomplicate things or bury you in jargon. Instead, we focus on helping you understand your situation, make informed decisions, and take the right steps to protect yourself, your family, or your business.

With decades of experience serving Charleston and communities across West Virginia, we bring both deep legal knowledge and a grounded, real-world perspective to every case. Whether you're planning ahead, facing a dispute, or simply looking for clarity, you can count on our team to provide steady guidance and dependable representation.

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FAMILY LAW, DIVORCE & DOMESTIC RELATIONS

Family relationships are complex, and the finances associated with those relationships are often intricate. We have the ability to understand the complexity of those relationships and provide our clients with effective counsel, especially when relationships end in divorce. We handle divorce cases at all income levels and have had particular success with high net-worth cases.

CORPORATE LAW & LITIGATION

Starting and operating a business requires many important decisions. We can help guide you through the process and protect your interests. The issues we handle include business incorporation, breach-of-contract claims, construction law, contractor’s liens, collection of debts, judgment enforcement, non-compete agreements, fraud, partnership disputes, operating agreements, employment matters, and business purchases and sales.

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GENERAL CIVIL LAW & LITIGATION

General civil litigation involves seeking compensatory damages for some actual or perceived wrong. However, remedies in civil matters can also include specific performance of a contractual agreement, injunctive or other equitable relief.

REAL ESTATE LAW & LITIGATION

We handle a variety of real estate legal issues, including sales, leasing, financing, contract negotiations, title assurance, landlord-tenant relations and taxes. When litigation is necessary, we represent clients in disputes over construction, mechanic’s liens, easements, boundaries, condemnation and landlord-tenant issues.

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LAWYER DISCIPLINARY PROCEEDINGS

Mark Kelley has represented numerous West Virginia attorneys in all stages of the disciplinary process. If you need representation in this area or just want a consultation to help you deal with a complaint, the firm is ready to assist you in the process.

EMPLOYMENT

Employment law encompasses thousands of federal and state statutes, administrative regulations and judicial decisions that cover a wide spectrum of the employer/employee relationship. We handle issues for employees or employers in such areas as collective bargaining, employment discrimination, unemployment compensation, pensions, workplace safety and workers’ compensation.

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MEDIATION

The firm offers mediation services for business disputes, estate disputes and domestic relations cases. Mark and Sam have taken basic and advanced mediation courses through the West Virginia State Bar. Mark has mediated numerous cases in the above fields and is available to assist litigants and their attorneys in trying to resolve these often-complicated and contentious matters. Sam generally limits his mediation practice to family law disputes. It greatly enhances the chances of a successful mediation if your mediator has extensive experience dealing with the issues to be mediated.

Testimonials

Elizabeth Smith

Ray, Winton, & Kelley Law Firm team providing compassionate legal services in estate planning, family law, and more.

Mr. Kelley is extremely responsive and knowledgeable when it comes to family law. He and his staff are have done an excellent job handling child custody issues quickly and effectively, highly recommend.

David Log

A very old and established law firm. Great for estate management and general law.

Leslie Richmond

Franki Parsons has been a life saver. Franki goes above and beyond to help you. So easy to talk to and you know she cares. Can't recommend enough.