WHEELING – A area regulation organization suggests it is investigating claims a Texas-based lawyer has produced versus Marshall County Circuit Judge David Hummel, but that lawyer reported Friday she is not planning to go peaceful.
The Fitzsimmons Law Company sent a letter to lawyer Lauren Varnado stating it is investigating her statements about Hummel – such as that he allegedly pointed a gun at her in court docket – and the impact of her comments on his reputation.
Varnado claims Hummel intimidated her in court even though she is symbolizing EQT, an oil and gasoline organization, in a circumstance regarding royalty payment disputes.
She claimed at 1 level in courtroom that Hummel, when speaking about court security, pointed his gun at her and her colleagues and then laid the gun down with the barrel pointing towards her on March 12.
Since then, she has discussed the allegations with various media shops, including those people national in scope like Folks.
Fitzsimmons’ letter to Varnado states that the business “demands that you cease and desist publishing false statements regarding Choose Hummel.” The business asked for that Varnado also “preserve all evidence” relevant to Hummel and the “Huey litigation,” aka the EQT case.
“Failure to adhere to these requests may be regarded an intentional act of proof spoliation,” according to the letter signed by Bob Fitzsimmons and Mark Colantonio with the agency.
Spoliation, according to Westlaw, is the destruction or alteration of evidence resulting from a party’s failure to preserve evidence relevant to a litigation or investigation.
Varnado believes Hummel’s alleged conduct is relevant to her seeking to have him dismissed from overseeing the case. She considered he would be biased simply because of a feasible conflict of curiosity. Varnado thinks Hummel has family members who acquire oil and fuel lease royalties.
Fitzsimmons declined to comment on its letter to Varnado.
“As needed by West Virginia’s Guidelines regarding lawyers’ perform, we don’t check out our cases in the media. Reaction by Decide Hummel will be built in the suitable forum at the acceptable time,” Bob Fitzsimmons claimed Friday via email.
Varnado explained she was “shocked” by the letter, but mentioned she did not system to reply to it mainly because there is no authorized authority connected to it.
“I took it as a risk, as a sort of intimidation. As to what circumstance they are referring to is not exactly very clear,” she claimed.
Varnado included Fitzsimmons is implying that her statements relating to Hummel are false. She mentioned the firm’s need for her to halt chatting has no authorized grounds.
“I have not been quiet to day. I’m not that simply frightened. … They know the activities of that day are not phony. The persons investigating this know it,” she reported of the West Virginia Judicial Investigation Fee. “It’s concerning that the agency is building false accusations in their letter.”