W. Va. R. Law. Disci. Proc. 3.16

As amended through January 31, 2024

Rule 3.16 - Factors to be considered in imposing sanctions

In imposing a sanction after a finding of lawyer misconduct, unless otherwise provided in these rules, the Court or Board shall consider the following factors:

(1) whether the lawyer has violated a duty owed to a client, to the public, to the legal system, or to the profession;

(2) whether the lawyer acted intentionally, knowingly, or negligently;

(3) the amount of the actual or potential injury caused by the lawyer's misconduct; and

(4) the existence of any aggravating or mitigating factors.

W. Va. R. Law. Disci. Proc. 3.16