CHARLESTON – An attorney has asked a circuit judge to bring sanctions against a law firm and another attorney who he says assassinated his character with false statements about his work ethic.
Michael M. Cary filed a Motion for Sanctions against Michael D. Mullins and Steptoe & Johnson on April 16 in Kanawha Circuit Court. In the accompanying Memorandum of Law in Support, Cary says he and his firm Cary Law Office was appointed Guardian ad Litem in a civil complaint last year.
In the memorandum, Cary says Mullins made statements about Cary as a “deliberate effort to damage my reputation, credibility and good standing.” He said the decision to file the motion was not made lightly.
Mullins
“I vigorously defend my clients and always hold myself to the highest standards of ethical conduct,” Cary wrote. “I cannot remain silent to the character assassination executed by Mr. Mullins. I have an obligation to myself and, more importantly, to my clients to set the record straight.”
According to the memorandum, Cary says he was appointed guardian ad litem in a case on October 5, 2020. He says he filed answers on his client’s behalf and attended all of the hearings for his client. He says he spoke with his client on several occasions and kept him updated on the proceedings.
On March 23, 2021, Cary says he attended a hearing before retired Kanawha Circuit Court Judge Tod Kaufman and “fully participated” before being excused by Kaufman.
“After I was excused from the proceeding, Mr. Mullins knowingly made false statements regarding my representation … and my involvement in the matter,” Cary wrote, including an exchange that happened after he left.
“The Court: Mr. Cary will get $1,500 for the first case. And was Mr. Cary involved in the second case at all?
“Mr. Mullins: He wasn’t involved in the first case other than coming to this hearing.
“The Court: That was it?
“Mr. Mullins: Yeah.
“The Court: That’s all he did?
“Mr. Mullins: I don’t think that he filed an answer. There is no discovery that took place in this case.”
Cary says another attorney at the hearing tried to tell Kaufman and Mullins of Cary’s additional involvement in the case.
“But Mr. Mullins’ false statements had their intended effect,” Cary wrote. “Mr. Mullins’ statements were patently false and were made with the deliberate intent to reduce the guardian ad litem fee and to disparage me before the court.”
Cary says Mullins’ actions violate the West Virginia Rules of Civil Procedure and the Rules of Professional Conduct.
“He (Mullins) continued to make false statements about my involvement in this matter,” Cary wrote. “He continued to misrepresent to the court that I had not filed an answer to the complaint or completed any work other than appearing at the hearing. …
“To make matters worse, Mr. Mullins waited until after I was excused from the proceeding by the court and after I left the courtroom to begin his character assassination. Instead of discussing his misconceived notions about my representation with me present and allowing me to correct his false statements, Mr. Mullins waited until I was excused by the court to spread his falsehoods.”
Cary says Kaufman did reduce his guardian ad litem fee based on Mullins’ false statements.
Cary wrote that he sincerely wishes he didn’t have to file the motion against Mullins, but that he was left with no choice.
“I strive to instill confidence in the court and in my clients that I am an honest, hard working attorney,” Cary wrote. “Mr. Mullins’ false statements cut against the core values that I build my life and my practice around. I refuse to be a silent victim to Mr. Mullins’ character assassination.”
Cary asks the court to issues sanctions in the form of a public apology and/or public reprimand, a return of the guardian ad litem fee that was reduced, court costs and expenses and other relief.
Cary declined further comment when contacted by The West Virginia Record.
Mullins did not return messages seeking comment. According to the firm's website, Mullins has worked for Steptoe & Johnson since 1998 when he graduated from the University of Richmond College of Law. His practice focuses on professional liability, long-term care, civil rights and defense of energy-based companies. He has been recognized by Best Lawyers for his medical malpractice defense work.
Because Kaufman recently retired, Senior Status Judge Dan O’Hanlon now is handling the case.
Kanawha Circuit Court case number 20-C-683