Brian focuses his practice on complex personal injury cases and professional negligence. He joins Bailey & Glasser having served two years as Judge Gaujot’s law clerk in the Monongalia County Circuit Court. Brian currently serves as Vice President of the Monongalia County Teen Court Board of Directors, as a volunteer judge for the Monongalia County Teen Court, as a member of the Monongalia County Bar Association’s Scholarship Committee, and as a member of the Board of Directors of the Rape and Domestic Violence Information Center.
Brian earned his undergraduate degree in Government/Law from Lafayette College in 1998, after which he worked as a litigation case assistant for the Insurance Coverage Group at Ropes & Gray and as a litigation paralegal for the Hanover Insurance Group’s Boston staff counsel office.
In 2009, Brian graduated from the West Virginia University College of Law, where he earned Order of Barristers honors for courtroom advocacy. As a law student, Brian worked as a summer clerk for Hon. Irene M. Keeley in the United States District Court for the Northern District of West Virginia; argued before the West Virginia Supreme Court of Appeals as a Baker Cup finalist; competed on the WVU National Moot Court Team; and, as a Sprouse Fellow with the Harrison County Public Defender’s Office, presented the opening statement and examined the defense’s only witness during a felony jury trial resulting in acquittal before the Circuit Court of Harrison County, West Virginia. After his admission in West Virginia, Brian practiced in family law, criminal defense, and personal injury, including medical malpractice.
West Virginia, 2009
Summer Clerk, Hon. Irene M. Keeley, United States District Court for the Northern District of West Virginia, 2007
Law Clerk, Hon. Phillip D. Gaujot, Circuit Court of Monongalia County, West Virginia, 2010-2012
U.S. District Court for the Northern District of West Virginia
U.S. District Court for the Southern District of West Virginia
Supreme Court of Appeals of West Virginia
Q: Let’s start out with a general overview of your practice. How do you describe to recruits or family what it is you do?
A: I primarily handle medical malpractice and complex personal injury cases for both plaintiffs and defendants.
Q: What do you like about your practice? What is professionally satisfying?
A: I enjoy crafting persuasive, written arguments based on the facts and law of a case. I also enjoy the challenge of oral advocacy.
Q: What’s the most interesting thing you’ve done as a lawyer?
A: Navigating the simultaneous requirements of the FTCA and a state medical professional liability act; trying a felony case before a jury in Harrison County, West Virginia; working to present a strong, clean written work product.
Q: What cases are keeping you busy these days?
A: Complex personal injury cases in state and federal courts. I’m also busy pursuing remedies for consumers under the Fair Credit Reporting Act.
Q: How were you hired for those matters?
A: Referrals for Plaintiffs; insurance defense for healthcare professionals and practices. I’m more than willing to take calls from potential clients.
Q: Can you describe for us their current procedural posture, or resolution? What were/are some of the challenges you face?
A: My cases are diversely postured from pre-suit notice and investigation to trial. At all stages of these cases, we’re able to manage and analyze vast amounts of information, which can be challenging, but it’s also essential.
Q: What is the impact on clients or the industry from this case?
A: Medical professionals and practices seek to defend allegations of negligence; Plaintiffs seek just compensation for negligent conduct.
Q: Are there any trends you are seeing that stand out?
A: The discovery process can be very contentious and inefficient. We continue to deliver efficient and aggressive representation.
Q: Is this the type of practice you imagined yourself practicing while in law school?
Q: Why did you pursue a career in the law in the first place?
A: I pursued a career in the law because I believed that I could leverage my skills to serve clients. I attended law school so that I could offer the level of assistance to clients that I was capable of providing.
Q: Did you have a favorite class or professor that was particularly influential in your studies or future career?
Q: What do you wish you had known or done differently in school? Or, put another way, do you have advice now for current law school students?
A: Law students should study the law diligently and seek out opportunities that will prepare them to practice law. Many law students graduate without a lot of knowledge about the day-to-day practice of law. I was fortunate to have been a paralegal and to have attended the WVU College of Law, where students can find a more practical education beyond the classroom if they seek it out.
Q: Is there anything in particular early in your career that you consider key to arriving at your current level of excellence?
A: Generally speaking, I remain in the early stages of my career. I haven’t been afraid to ask questions of the experienced lawyers around me as I work to improve my skills.
Q: How has your practice changed since the early part of your career?
A: I started my career practicing family and criminal law. I also served as a law clerk in the Circuit Court of Monongalia County. I now primarily handle complex personal injury and medical malpractice cases.
Q: Can you share a lawyer you have come up against in a case/negotiation that you admire, and why?
A: The lawyers I truly respect are those who provide strong representation within an adversarial process without resorting to unnecessary, obstructive behavior.
Q: Is there a case/deal/client in your career that stands out as a “favorite” or one that is particularly memorable?
A: The first trial will always be memorable. In the summer before my final year of law school, I gained Rule 10 admission, developed a felony defendant’s trial strategy, presented the opening statement, and conducted a direct examination of the defendant’s only witness. The jury returned a not guilty verdict.
Q: Tell us about how you interact with clients. Do you view it as important to develop business, and if so, how do you?
A: An attorney’s communication with the client are especially important. We interact with our clients openly, honestly, and with an emphasis on client understanding.
Q: Tell us about your career path. Did you start at your current firm? If so, what kept you there? If not, what persuaded you to join your current firm?
A: I started my career in a small firm practicing mainly family and criminal law. I then clerked for two years in the Circuit Court of Monongalia County. I joined Bailey & Glasser to work with and for skilled litigators and a diverse clientele.