The West Virginia Supreme Court upheld a circuit court’s order awarding summary judgment to a solo practitioner accused by a former attorney of legal malpractice, but further affirmed the denial of his motion for more than $92,600 in attorney fees and costs because it wasn’t pursued in bad faith.

John C. Scotchel Jr., whose law license was annulled in 2014, sued another solo practitioner, Thomas H. Fluharty, for legal malpractice. The suit stemmed from Fluharty’s representation of Scotchel in a bankruptcy matter. Scotchel accused Fluharty of failing to include a contingent fee agreement in an underlying matter under the correct bankruptcy schedule, according to the state high court’s opinion, filed Aug. 30.

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