Where Law Connects

West Virginia’s legal ecosystem is an interconnected system of courts, legal professionals and public officials working together to administer justice and shape legal culture. The hardworking professionals who make up this network connect across various practice areas and institutions to deliver these legal services constructively. From alternative dispute resolution to transactional law, legal practice areas often overlap and influence one another.

Alternative Dispute Resolution

Written by Debra Scudiere, Municipal Judge for the Cities of Morgantown and Westover

Mediation and arbitration have become increasingly important methods of dispute resolution, collectively known as alternative dispute resolution (ADR). This provides parties with alternatives to going to trial. As legal disputes become increasingly complex and court dockets get increasingly crowded, ADR offers efficient, cost-effective and flexible methods for resolving conflicts. Trial courts routinely encourage parties to affirmatively explore settlement options before they are allowed to proceed to trial.

Mediation is a voluntary and confidential process in which a neutral third party, known as a mediator, assists disputing parties to reach a mutually acceptable settlement. However, a mediator does not impose a decision. Instead, the mediator facilitates communication, helps identify areas of agreement and encourages creative problem solving.

Arbitration differs from mediation in that a neutral arbitrator hears evidence and arguments and then issues a decision. Depending upon the parties’ agreement, that decision may be binding and enforceable in court. Arbitration is widely used in commercial transactions, construction disputes, employment matters and consumer agreements. Both federal and West Virginia law generally support the enforcement of valid arbitration agreements.

Overall, mediation and arbitration have for many years played a vital role in the administration of justice.

Appellate Law/Courts

Written by J. Zak Ritchie, Partner, Hissam Forman Donovan Ritchie PLLC

One of the most significant structural changes to West Virginia’s court system—the creation of an intermediate court of appeals—has come only in the past few years. West Virginia’s two-tiered appellate configuration—the Supreme Court of Appeals and the Intermediate Court of Appeals (ICA)—reflects the prevailing approach to appellate court systems throughout the U.S. The recent creation of the ICA, which brings an additional layer of appellate review in most civil cases, has effectively modernized the state’s legal landscape.

While additional appellate review is a welcome change to many, additional review means increased litigation costs. It also means sometimes needing to find a new lawyer with experience in appellate practice. This implicates the growing challenge of legal deserts, where many rural counties suffer from a shortage of legal service providers.

Addressing these challenges requires an interconnected legal ecosystem where new opportunities can arise. For both new and seasoned lawyers, the West Virginia State Bar, the West Virginia Bar Association and the Mountain State Bar Association provide effective vehicles for building lasting professional relationships and creating statewide networks.

In addition to the critical role of collaboration among the bar, the deployment of remote courtroom technology provides an important path for oral arguments at less expense to small business litigants. Ultimately, overcoming high costs and legal deserts demands cooperation between clients, trial attorneys and appellate advocates.

Bankruptcy Law

Written by Angela L. Beblo, Member, Jackson Kelly PLLC

Bankruptcy courts are specialized federal courts that handle the cases of those who cannot pay their debts or need legal protection while reorganizing their finances. The main purpose of the bankruptcy court is to provide an orderly legal process for dealing with debt, rather than leaving creditors and debtors to resolve financial distress through separate lawsuits, repossessions, collection actions or informal negotiations. By centralizing these issues, bankruptcy courts help ensure debtors are treated fairly, all creditors receive appropriate consideration and assets are distributed or reorganized in an equitable manner.

Bankruptcy courts balance two competing goals: giving honest debtors a fresh start and ensuring creditors are treated according to established priorities. Without bankruptcy courts, financially distressed parties might face inconsistent rulings in different courts, aggressive collection practices and inefficient asset distribution.

Although bankruptcy courts are specialized, their decisions often interact with other areas of law, including contracts, property, employment, tax, family support obligations and commercial law. Appeals from bankruptcy court decisions generally go to the federal district court or a bankruptcy appellate panel and then potentially to the federal court of appeals.

Bankruptcy courts play a crucial role in the legal system by managing insolvency in a fair, centralized and efficient way.

Business/Corporate Law

Written by Robby Aliff, Executive Committee Chair, Jackson Kelly PLLC; President, The West Virginia State Bar

Behind every West Virginia business is a network of legal relationships that connect business and corporate law with nearly every other area of practice. A business may begin with the formation of a legal entity, but it may quickly encounter questions involving taxes, employees, financing, real estate, regulation, intellectual property and risk.

A single business transaction may require different areas of legal expertise including tax, banking, real estate, employment and environmental lawyers. A health care company may require guidance on licensing, reimbursement and patient privacy, while a manufacturer may face workplace safety, permitting and regulatory questions. When disagreements arise, litigators, mediators and appellate lawyers help enforce agreements and resolve disputes, and estate-planning lawyers may assist owners preparing to transfer a family business to the next generation.

Government also plays a significant role in this ecosystem. Clear, predictable and reasonable laws and regulations allow businesses to plan, invest and compete. Business lawyers help clients understand and satisfy their legal obligations
while also helping legislators and regulators appreciate how proposed requirements may operate in practice.

When lawyers across disciplines work together, they do more than complete transactions or resolve disputes—they help businesses create jobs, deliver essential services, support local organizations and remain strong members of their communities.

Criminal Law: Defense

Written by Angela Brunicardi-Doss, Chief Public Defender, Fourth Circuit Public Defender Corporation

Public defense is often imagined as a world unto itself. In practice, however, indigent defense in West Virginia is intersected with many other areas of law.

Consider the effects of a conviction for a simple misdemeanor, even without the threat of incarceration.
Clients face consequences such as job loss, eviction, loss of public assistance, suspension of a driver’s license, custody disputes and threats to immigration status. Effective representation of a client facing these life-changing consequences demands that public defenders understand how these systems interlock and coordinate with attorneys in these areas of practice when necessary.

The opioid epidemic has affected the intersection of these areas of law across our state. Treatment courts and child abuse and neglect proceedings now regularly overlap with the criminal dockets, requiring constant collaboration among prosecutors, defense counsel, social workers and treatment providers. Treatment courts and treatment-based plea agreements are a prime example of how the justice system can work to improve outcomes when approached from a more holistic perspective.

Heavy and growing caseloads, as well as a decrease in attorneys choosing to practice public defense, in West Virginia continues to be a persistent challenge. However, these challenges are precisely why it is so important for public defenders to work closely with other attorneys and professionals to mitigate collateral damage and after-effects of a criminal charge or conviction.

Criminal Law: Prosecution

Written by Michael W. Parker, Randolph County Prosecuting Attorney

A prosecuting attorney intersects numerous areas of law, reflecting the interconnected nature of the legal profession. Whether it is a child abuse case that coincides with a family court issue, a theft case that is also the subject of civil litigation or a criminal case that overlaps with mental health law, these cases require collaboration with attorneys
practicing in other areas of the law.

Prosecutors regularly work alongside attorneys practicing civil, administrative and regulatory law. Whether addressing public safety concerns, protecting vulnerable populations or ensuring accountability under the law, effective legal practice depends upon cooperation across disciplines.

Criminal law is evolving in response to changing societal needs, technological advancements and developments across the broader legal landscape. One significant trend is the increasing role of digital evidence in criminal investigations and prosecutions. Cell phone data, social media activity, surveillance footage, body-camera recordings from officers and other electronic records frequently play a central role in current cases.

Another important development is the continued emphasis on balancing public safety with fairness and accountability within the justice system. Courts, the Legislature and legal practitioners are examining topics such as diversion programs, treatment-based alternatives for certain offenses, victim rights and evidence-based approaches to reducing recidivism. These discussions create opportunities for prosecutors to contribute to policies that enhance community safety while promoting just outcomes.

Employment Law

Written by Abraham J. Saad, Member, Glazer Saad Anderson L.C.; West Virginia Board of Governors Representative, District 5, Cabell and Wayne Counties

Employment law is entering one of its most volatile periods in years. As federal regulatory shifts, an expanding patchwork of state legislation and new workplace technologies collide to reshape the rules employers and employees must follow. For businesses and the attorneys who advise them, the challenge is no longer just staying current on a single body of law but understanding how employment issues increasingly intersect with civil rights, technology, contract and even criminal law.

At the federal level, executive action targeting diversity, equity and inclusion programs have prompted employers to reexamine hiring, promotion and training policies, while guidance from the Department of Justice and the Equal Employment Opportunity Commission emphasized that Title VII protections cut both ways, fueling a rise in reverse discrimination claims. At the same time, states are moving quickly to fill perceived federal gaps. More than two dozen states introduced legislation regulating artificial intelligence (AI) in the workplace, with several jurisdictions restricting AI tools used in hiring, promotion and performance evaluation when those tools produce discriminatory outcomes.

Return-to-office mandates present another flashpoint, raising disparate impact concerns for employees with disabilities or caregiving obligations and triggering accommodation disputes that blend employment and civil rights law. Meanwhile, the growing use of independent contractor classifications has become one of the most litigated issues in the field, with misclassification claims exposing companies to liability under both employment and tax law.

These developments illustrate why employment matters rarely stay confined to a single legal silo. The attorney who only sees one dimension of a problem is setting their client up for a surprise. Attorneys are increasingly finding collaboration, rather than specialization alone, produces the best outcomes for clients.

Family Law

Written by Nicholas Gordon, Attorney, Lyne Ranson Law Offices

Fundamentally, family law deals with individuals navigating significant life changes. As a result, the legal issues presented rarely exist in isolation. Family law cases frequently require attorneys to navigate issues involving real estate, employment, bankruptcy, businesses, taxation, estate planning, social security, and occasionally, even criminal, military and immigration ramifications. A divorce involving a family-owned business, for example, may require collaboration with forensic accountants and valuation experts. Questions surrounding inheritances and retirements frequently overlap with estate planning and Employee Retirement Income Security Act considerations. Domestic violence incidents often have consequences in both family court and criminal courts.

Family law attorneys regularly interact with mental health professionals, educators, domestic violence advocates, health care providers and government agencies. Each plays a vital role in helping families navigate difficult transitions and assisting judges in making informed decisions. This collaborative approach has become increasingly important as family law continues to evolve.

West Virginia courts have placed a greater emphasis on shared parenting arrangements and alternative dispute resolution, or mediation, encouraging solutions that promote stability while reducing conflict. For litigants, a family law matter is not merely a legal dispute, it is a challenge that affects nearly every aspect of their personal and financial lives. Addressing those challenges effectively requires professionals who not only understand their own disciplines but also recognize the value of multidisciplinary cooperation.

General Practitioner

Written by Jami Cooper, Managing Member, Cooper Law Offices, PLLC

The practice of law has become increasingly specialized, yet clients’ problems rarely are. General litigators occupy a unique place within the legal community. In many towns, they are the first lawyer an individual, family or business calls when a legal problem arises. Clients rarely know what type of lawyer they need; they just know they need help.

What begins as a straightforward legal problem often has underlying complexities. A dispute that begins as a contract matter may involve questions of insurance coverage, construction, real estate, employment or probate. Because few legal problems fit neatly within a single area of law, general litigators play a valuable role in their communities by helping clients identify the issues, develop a path toward resolution and, when appropriate, connect with attorneys and other professionals whose knowledge and experience can advance the client’s goals.

Effective advocacy often requires collaboration. A property dispute may require real estate counsel to prepare deeds or easements implementing a settlement. A business dispute may call for corporate counsel to document a restructuring. Other matters may require attorneys whose practices focus on intellectual property,
regulatory compliance or tax law.

General litigators identify legal issues, develop practical strategies and bring together the attorneys, experts and other professionals whose combined efforts help clients achieve resolutions. By serving as the bridge between clients and the resources needed to solve problems, general litigators help make the justice system more accessible, coordinated and effective.

Litigation: Defense

Written by Bernard S. Vallejos, Immediate Past President, Defense Trial Counsel of West Virginia, and Jeff Van Volkenburg, President, Defense Trial Counsel of West Virginia

Defense attorneys do more than simply appear in court as clients’ advocates to judges and juries. They often help business owners understand risk before it becomes a larger problem. By reviewing policies, contracts, employment practices, insurance coverage and day-to-day procedures, defense counsel can identify opportunities for improvement that, if left unaddressed, could expose a company to increased risk in the event of a legal claim.

Defense attorneys help businesses respond strategically to lawsuits and legal claims. They can assist with investigations, communicate with insurers, evaluate potential exposure and develop a plan for responding. In many instances, early legal involvement can prevent a claim from escalating or becoming more expensive than necessary.

Defense attorneys also serve as practical advisors. A good defense attorney helps shoulder the burdens faced by business owners by explaining the legal process, setting expectations and helping the business make informed decisions. They can apply relevant law to the factual scenario encountered to provide reasonable and reliable recommendations with respect to whether the claim is one to attempt to resolve early on or if litigation is the best course of action.

Another important role defense attorneys play is helping businesses learn from disputes. After a claim is resolved, defense counsel can recommend changes to policies, training, documentation, contracts or safety practices. These improvements can reduce the likelihood of future claims and strengthen the business overall.

Ultimately, defense attorneys are not just individuals who step in for times of crisis. They are partners in risk management, problem-solving and long-term planning. For businesses, having trusted defense counsel can mean the difference between reacting to problems after they occur and proactively protecting the company’s people, reputation and future.

Litigation: Plaintiffs

Written by Taylor Downs, Member, Manchin Injury Law Group and President, West Virginia Association for Justice

Most people associate civil lawsuits with vehicle crashes, medical negligence, dangerous products and other personal injury cases. However, personal injury is only one part of civil plaintiffs’ law. The reality is that our civil justice system is one of the most important protections available to all West Virginians, including individuals and business owners alike.

This is especially true for small businesses. When a large corporation harms these businesses, our civil justice system levels the playing field, ensuring even the wealthiest corporations are held accountable. It is only in our courts that a business, regardless of the size of its staff or checking account, is equal to corporations worth billions.

One example is when insurance fails to pay legitimate claims. Businesses purchase insurance policies to protect them against property damage, interruption in production, liability protection and more. When insurers refuse to pay or lowball and delay these claims, the business is forced to take its insurer to court.

Another is misappropriation of trade secrets. In one case, a company that developed specialized electronic flow computers protected its proprietary technology through a non-disclosure agreement. After being acquired by a larger corporation, its customers violated the agreement, reverse engineered the technology and developed a competing product. The developer filed suit and the Putnam County jury decided in its favor. The verdict was upheld by both the West Virginia Supreme Court and the Supreme Court of the United States.

Each day West Virginia civil plaintiffs’ attorneys represent state businesses harmed by misconduct.

Property & Transactional Law

Written by Christopher C. Luttrell, General Partner, Conrad Luttrell LLP

For much of the public, a real estate transaction appears relatively simple. A contract is signed, financing is secured, documents are executed and ownership changes hands. Behind that seemingly routine process, however, is a substantial amount of legal work designed to ensure the title is marketable, liens and encumbrances are addressed, funds are properly handled and the transaction closes as intended. Throughout that process, the real estate attorney serves as a steward of the transaction, protecting the interests of the parties and helping ensure that what is often an individual’s largest investment rests upon a sound legal foundation.

Much of a real estate attorney’s work involves identifying problems before they become disasters. A title examination may uncover an unreleased deed of trust, a probate issue, a boundary dispute or other title defect. Clients rarely encounter those issues because they are identified and resolved before closing.

In recent years, the threats facing real estate transactions have evolved dramatically. Wire fraud and impersonation fraud have become increasingly sophisticated, with criminals using stolen identities, fabricated documents and AI to pose as buyers, sellers and other participants in a transaction. As the tools become more convincing, verification becomes more critical. Thus, the role of the real estate attorney extends beyond title examination and closings. It requires experience, judgment and a healthy degree of skepticism.

Transactions move quickly, the stakes are high, and there is little room for error when clients are entrusting you with their homes, investments and, often, life savings.