Baker & Brown, PLLC

Baker & Brown joins WVELA

Sarah K. Brown — Mon, 23 Jan 2012 00:51:45 +0000

We are pleased to announce that Baker & Brown, PLLC is a new member of the West Virginia Employment Lawyers Association. The WVELA is a professional organization of attorneys working to represent the interests of employees in cases related to wrongful termination, wage disputes, discrimination, and worker’s compensation, among other issues. We are proud to join the ranks of such an esteemed organization and look forward to the opportunity to serve the workers of West Virginia.

Downtown Charleston

Kevin Baker — Thu, 15 Sep 2011 13:06:57 +0000

I am pleased to announce that Baker & Brown, PLLC has moved to a new location in downtown Charleston as of September 1, 2011. We are now located at 120 Capitol Street in the heart of downtown.

In addition, founding member Sarah K. Brown has transitioned to a role as of counsel to the firm where she assists in ongoing matters and consults in new cases. I am also pleased to welcome the addition of my father, Robert S. Baker, as of counsel to the firm where he will consult on cases as well.

I am excited to work with both new and old clients at our new office location and with the new makeup of the firm. Please do not hesitate to contact us if we can be of assistance.

Helping Enforce State Law

Kevin Baker — Mon, 30 Aug 2010 20:50:49 +0000

Earlier today, on behalf of our client the UE Local 170 West Virginia Public Workers Union, Baker & Brown filed a Mandamus Complaint seeking a Writ of Mandamus from the Kanawha County Circuit Court that would force long overdue action required of a state agency. Among other things, the requested writ would order the West Virginia Department of Administration’s Office of Technology’s Chief Technology Officer, Mr. Kyle Schafer, to submit a “comprehensive, statewide, four-year strategic information technology and technical infrastructure policy and development plan” as required by the West Virginia Code. State law required Mr. Schafer to submit a preliminary four year plan to the Governor and the Joint Committee on Government and Finance by December 1, 2006 and to submit the final comprehensive plan by June 1, 2007. Despite this mandate in state law, Mr. Schafer has not filed the plan as of today, August 30, 2010, which makes him more than three years late. State law also requires Mr. Schafer to submit biannual reports, which were also apparently not completed.

Despite this failure to complete a comprehensive plan, Mr. Schafer and the Office of Technology are apparently attempting to privatize state technology jobs. Baker & Brown’s client, UE Local 170, represents hundreds of state employees, including many who work technology jobs with the state. On behalf of the members of UE Local 170 and all state employees, Baker & Brown is proud to help enforce state law and ensure that the Office of Technology fulfills its legal obligations.

WVAJ Mid-Winter Seminar

Sarah K. Brown — Tue, 16 Feb 2010 21:46:46 +0000

Last week, I attended the West Virginia Association for Justice Mid-Winter Seminar. The West Virginia Association for Justice represents plaintiffs attorneys and works to ensure that the legal system remains open and fair for West Virginians. The attorneys who comprise the WVAJ work to promote the rights and interests of consumers and employees against powerful corporate interests. I was inspired by the opportunity to meet with and learn from these advocates.

During the two-day seminar, I attended sessions on consumer rights litigation, medical malpractice, family law, protective orders, and successor liability. I also heard updates on the latest issues to face West Virginia trial courts, recent decisions from the Supreme Court of Appeals of West Virginia, and upcoming legislation from the West Virginia State Senate and House Judiciary committees.

Presenters included The Honorable Margaret Workman, Justice of the West Virginia Supreme Court of Appeals, The Honorable Joseph R. Goodwin, Chief Judge of the U.S. District Court for the Southern District of West Virginia, The Honorable Phillip M. Stowers, Judge of the West Virginia 29th Circuit Court, The Honorable Omar J. Aboulhosn, Judge of the West Virginia 9th Circuit Court, Senator Jeffrey V. Kessler, Chair of the West Virginia Senate Judiciary Committee, and Delegate Timothy R. Miley, Chair of the West Virginia House Judiciary Committee.

WVAJ also hosted two receptions during the seminar: one for young lawyers at Vandalia Grille and another for members of the West Virginia Legislature at the Marriott. I enjoyed these opportunities to meet and mingle with other West Virginia attorneys and legislators.

New Year, New Challenge

Kevin Baker — Tue, 05 Jan 2010 19:29:27 +0000

Happy New Year! 2010 brings a new year of excitement to Baker & Brown and a new challenge as well. In addition to continuing our case work and taking new clients, I will be working as a per diem attorney in the West Virginia Legislature for the Senate Judiciary Committee. I am excited about the opportunity to work with our state legislators, especially Chairman Kessler, and the Senate Judiciary Committee staff to help draft bills and contribute to the process of improving the laws of West Virginia. Needless to say, it will make life very busy during the legislative session, but it is a challenge that I welcome, and I am eager to get started.

WV Supreme Court Sides with Baker & Brown

Sarah K. Brown — Tue, 24 Nov 2009 16:04:54 +0000

In an opinion released yesterday, the Supreme Court of Appeals of West Virginia found that overt acts of physical violence are not a prerequisite to obtaining a domestic violence protective order. Baker & Brown asserted this position in an amicus brief filed on behalf of the West Virginia Coalition Against Domestic Violence. In its opinion, the Court held that “[t]he act of domestic violence defined in West Virginia Code 48-27-202 (5) (2001) as ‘[h]olding, confining, detaining or abducting another person against that person’s will’ does not require proof of some overt physical exertion on the part of the alleged offender in order to justify issuance of a protective order.”

The case, Kimberly Thomas v. Joseph B. Morris, No. 35141, will be remanded to the Family Court of Clay County for the court to issue the petitioner a protective order. Baker & Brown is proud to have played a role in ensuring that West Virginia law protects all those threatened by domestic violence.

A copy of the amicus brief filed by Baker & Brown is available on the Court’s website.

The full text of the Court’s opinion is available here.

Read the Gazette’s coverage of the case here.

We the People

Sarah K. Brown — Tue, 10 Nov 2009 21:17:54 +0000

I am very excited to serve as a mentor to a team of students from Herbert Hoover High School participating in the We the People program. We the People: The Citizen and the Constitution is a national instructional program administered by the Center for Civic Education, a nonprofit organization seeking to promote civic competence and responsibility in students. As a mentor to a team, I will teach the students basic legal and Constitutional issues and assist in explaining judicial opinions. The program culminates with a simulated congressional hearing, allowing students to showcase their knowledge on a constitutional topic. District and state-wide competitions will take place in February.

Other attorneys interested in participating in We the People should contact Rebecca M. Tinder, We the People State Coordinator, at (304) 347-2132 or rtinder@bowlesrice.com.

Common Consumer Law Issues

Kevin Baker — Wed, 28 Oct 2009 20:44:59 +0000

Have you ever been harassed by debt collectors? Many will call at all hours of the day and night and call multiple times. Some will make threats, false statements, misrepresent the debt that you owe (or maybe even claim you owe money that you simply do not). I was reminded at the NCLC Consumer Rights Litigation Conference that this happens all too often. Luckily, together we can work to stop the phone calls and the harassment.

The West Virginia Consumer Credit and Protection Act and the federal Fair Debt Collection Practices Act protect consumers from illegal conduct by debt collectors. At Baker & Brown, we want to help you escape the ongoing harassment of debt collectors and move on with your life. If creditors are calling you with these types of debt collection practices, or anything similar, we may be able to help. Call us today or contact us through the form on the right side of this webpage to set up a free consultation.

Consumer Rights Litigation Conference

Kevin Baker — Mon, 19 Oct 2009 14:34:39 +0000

I am traveling to Philadelphia this week for the National Consumer Law Center‘s Consumer Rights Litigation Conference. At the conference, I will hear lectures from and have conversations with many of the country’s foremost experts in consumer rights law. Some of the legal topics covered include unfair mortgage practices, the fair credit reporting act, illegal debt collection tactics, and the truth in lending act. In addition, I will have the opportunity to get tips on many aspects of litigation, such as pre-trial litigation strategy, cross-examining expert witnesses, measuring and establishing damages in consumer law cases, and preserving a record for appeal.

This conference will be a great opportunity to learn about cutting edge issues in consumer rights litigation from the best consumer advocates in the nation. I am excited to take part in the conference and thrilled to bring back what I learn to help consumers in West Virginia.

Baker & Brown file amicus brief on behalf of WVCADV

Sarah K. Brown — Mon, 05 Oct 2009 20:54:33 +0000

Working in a pro bono capacity, Baker & Brown recently filed an amicus brief in the West Virginia Supreme Court of Appeals on behalf of the West Virginia Coalition Against Domestic Violence. The case, Kimberly Thomas v. Joseph B. Morris, No. 35141, provides the Court with the opportunity to define what constitutes domestic violence under West Virginia Code § 48-27-202(5). We are proud to partner with an organization that provides important services, resources, and support to many West Virginians.

The Court will hear oral argument in the case on Wednesday, October 7, 2009. A copy of the brief is available on the Supreme Court’s website.