Q&A

What inspired you to pursue a career in law?

Nothing really inspired me. When I graduated from college, I was either going to go to MBA school or law school. I thought about doing a joint MBA-JD, but ended up deciding to just get my JD. I didn’t really have family members pushing me towards law or anything like that. Honestly, the real reason was that I just didn’t want to go to work yet.

I did have an uncle who was a judge in Fayette County for decades and a longtime family friend who had a successful career as a corporate lawyer. I always thought his job was interesting, even though I ended up doing the complete opposite of corporate law.

What sets you apart from other competitors in your area of practice?

Most lawyers who handle estate work do what we call “paper law,” meaning they chose this field because they didn’t want to go to court or litigate. I’ve been litigating cases for 27 years prior to doing elder law. The best selling point for our firm is that we approach elder law from the standpoint of extensive litigation experience.

Having a litigation background allows me to anticipate potential issues with wills or estate plans and effectively handle disputes. If someone isn’t satisfied with a will or if an objection arises, I’m comfortable fighting in court. Most elder law attorneys avoid court at all costs; I welcome the challenge.

I don’t know of any other elder law attorney in West Virginia who brings this litigation background, which truly sets us apart.

Could you describe the journey that brought you to where you are today?

Ever since 2005, I have been self-employed. I have always run my own law firm and have always been the managing partner. I’ve now opened a second law firm, Hewitt Elder Law.
One of the main reasons why practicing law appeals to me is that I get to be my own boss. I make my own decisions and don’t have to answer to anyone else. To me, whether you’re a lawyer, doctor, or accountant, having a professional degree allows you to have the opportunity to be self-employed and independent. That’s a significant part of why I chose this path.

What do you consider your greatest achievement?

My greatest personal achievement is having six kids. Professionally, my greatest achievement is being successfully self-employed and having set up and operated two separate law firms over the past 20 years.

Can you share a case or client experience that had a profound impact on you or your career?

One of the most significant experiences in my career was the Upper Big Branch mining disaster, probably the most notable case in southern West Virginia in the past 20 years. When all those cases were resolved at the same time in a mass mediation, a lot of attorneys involved went out afterward to celebrate. I chose not to participate because I didn’t feel it was appropriate to celebrate something that tragic. I just went home to my family.

Another impactful moment involved a wrongful death case following a tragic trucking accident. The father of the young man who died came into my office and shared that after seeing his son pass away in the hospital, he went out to his car, got his gun from the console, and considered taking his own life because he was so distraught.

We were able to secure what, at that time, was the largest settlement ever in Fayette County. Even though nothing could truly compensate for his loss, I felt relieved we could reach a resolution without dragging the family through a long trial and repeatedly reliving their grief.

As a lawyer, these moments stay with you. It’s tough because lawyers often get a bad rap for doing this type of work. Personally, I’ve never felt comfortable celebrating outcomes in tragic cases. Usually, if something good happens in litigation, it means something very bad happened to someone else first.

If you weren’t an attorney, what alternative career path might you have pursued?

I probably would have pursued some kind of self-employed business venture. It wasn’t about any specific industry—I just wanted to own and operate my own business, no matter what field I chose.

What advice would you give aspiring attorneys currently in law school?

If their goal is to be self-employed or maintain their own practice, my strongest advice is to focus heavily on the business side—learn accounting, taxes, payroll, marketing, and employee management. It doesn’t matter how great a lawyer you are if you don’t know how to properly run the business side. If cases aren’t coming through your door or you’re not paying your payroll taxes correctly, you won’t succeed.

The legal profession has also changed significantly. When I started 30 years ago, West Virginia had many small law firms. Today, those smaller firms are disappearing, replaced by bigger firms that keep merging or getting absorbed by larger firms from out of state. Small practices are becoming rare, so learning business fundamentals is critical for anyone who wants to successfully run their own law practice.

What’s one thing about the legal profession that might surprise people?

I think most people would be surprised by how structured and consistent the practice of law actually is. The public typically hears about unusual or sensational cases from headlines, but those are outliers. In reality, the outcomes of most cases fall within a fairly predictable range. They can vary a bit depending on the judge, jurisdiction, or attorneys involved, but overall, things are not nearly as unpredictable as many people imagine.

The truly wild or crazy lawsuits you occasionally hear about are rare. Lawyers who’ve practiced for a long time can usually predict pretty accurately how a case will unfold, within a fairly narrow range.

Outside of practicing law, what hobbies or activities do you enjoy in your free time?

Primarily, traveling with my wife and family, as well as spending time with friends. When you have six kids, most of your hobbies revolve around their activities, and I’ve enjoyed every bit of that.

My youngest daughter, who’s 15, shows horses competitively, which is a full-time hobby in itself. We own a horse and board it at a facility that cares for and houses the horses. It’s definitely a significant investment of time and money, but it’s something we love.

What source of inspiration or motivation has been the most significant driving force in your professional and personal life?

My primary motivation has always been providing for my family and giving them the most opportunities possible as they move forward in life.