CHARLESTON – More than a dozen residents gathered outside of Steptoe & Johnson’s Charleston office May 12 to protest what the organizer calls poor treatment of a black attorney by a member of the firm.
Martec Washington, who lives on Charleston’s West Side, organized the protest after he read about a March incident on The West Virginia Record’s website involving Charleston attorney Michael Cary and Steptoe attorney Michael D. Mullins.
Last month, Cary filed a Motion for Sanctions against Mullins and the firm. 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.
Mullins
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.
“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.”
Neither Mullins nor a spokesman for the firm returned messages seeking comment for this story. Cary also declined comment.
Wednesday’s protest featured signs that said, among other things, “Black Lawyers Matter.”
Cary is black, and Mullins is white. Cary did not mention race in his memorandum or motion, and Washington said he doesn’t know if Mullins’ alleged actions were racially motivated.
But, Washington did say those types of issues are ones he and other blacks have to deal with on a daily basis.
“It’s disrespectful,” he told The Record. “If you’re trying to be honorable and respectful, why didn’t he (Mullins) address it with Michael when he had the chance. Instead, he’s just slandering Michael with misinformation.
"As a black citizen, he’s already looked down upon. It’s an everyday thing for us.
“It bothers me that, as a lawyer, he (Mullins) had the opportunity to say what he felt to Michael’s (Cary) face. Instead, he waited until Michael left the room. It’s always people like that who smile at you then spit in your face.
“As a black man, I’m sick of that. I’m not saying this is a racial issue, but it’s the same thing. It’s built in to the way people live their lives. They’re not told this is wrong.”
Another protester agreed.
“Not to jump to conclusions because I don’t know the other gentleman, but was race an issue?” Ben Merchant from Rand told The Record. “As a black man, it’s something I have to deal with and think about every day. It’s a real issue … especially in a job where you’re wearing suits.
“I know how hard Mike (Cary) works. For him to be accused of neglecting his duties, that doesn’t sound like him at all. Since he finished law school, he’s been all about that.”
Washington said such incidents bother him greatly.
“Yeah, I’m tired of being walked upon,” he said. “For 30 days, I had to watch George Floyd die over and over and over. But people still don’t have it in their mind that an officer could have done something wrong -- not that he’d even have mild intent.
“That’s because that’s their normal way of living. If Michael (Cary) did the same thing, everyone would be jumping on him.”
According to the memorandum he filed last month, 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 recently 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.
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.
Washington said Wednesday’s protest was peaceful, and that no one from Steptoe & Johnson came outside to address the crowd as far as he knew.
Merchant said what he didn’t like is that, according to filings, Mullins waited until Cary had left to make his comments.
“Because he wasn’t in the room, Mike (Cary) didn’t have a chance to defend himself,” Merchant said. “To me, that makes it seem it was at least somewhat personal.”
Washington said he thinks the solution is simple.
“I would hope he’d be man enough to apologize,” Washington said. “Make a statement at least. Talk to Michael. Do the right thing.”
Kanawha Circuit Court case number 20-C-683