Lawyer Disciplinary Bd. v. Battistelli
In Lawyer Disciplinary Bd. v. Battistelli, 206 W. Va. 197, 204, 523 S.E.2d 257, 264 (1999) the Court found that an ethical complaint was timely filed even though more than two years had passed since the alleged misconduct because there was no evidence that the complainant either knew or reasonably should have known of the ethical violation until he consulted a different attorney.
In that case, attorney Battistelli was also charged with violating Rule 1.8(a) by obtaining a loan from a client. The loan transaction occurred on March 4, 1993, and the client consulted another attorney in August 1993. The complaint was filed in May 1995.